revised penal code of the philippines

ACT NO. 3815

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

(December 8, 1930)

Preliminary Article — This law shall be known as "The Revised Penal Code."

BOOK ONE

GENERAL PROVISIONS REGARDING THE DATE OF

ENFORCEMENT AND APPLICATION OF THE PROVISIONS

OF THIS CODE, AND REGARDING THE OFFENSES, THE

PERSONS LIABLE AND THE PENALTIES

Preliminary Title

DATE OF EFFECTIVENESS AND APPLICATION

OF THE PROVISIONS OF THIS CODE

Article 1. Time when Act takes effect. — This Code shall take effect on the first day of

January, nineteen hundred and thirty-two.chanrobles virtual law library

Art. 2. Application of its provisions. — Except as provided in the treaties and laws of

preferential application, the provisions of this Code shall be enforced not only within the

Philippine Archipelago, including its atmosphere, its interior waters and maritime zone,

but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or

obligations and securities issued by the Government of the Philippine Islands; chan robles

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3. Should be liable for acts connected with the introduction into these islands of the

obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of

their functions; or

5. Should commit any of the crimes against national security and the law of nations,

defined in Title One of Book Two of this Code.chanrobles virtual law library

Title One

FELONIES AND CIRCUMSTANCES

WHICH AFFECT CRIMINAL LIABILITY

Chapter One

FELONIES

Art. 3. Definitions. — Acts and omissions punishable by law are felonies

(delitos).chanrobles virtual law library

Felonies are committed not only be means of deceit (dolo) but also by means of fault

(culpa).chanrobles virtual law library

There is deceit when the act is performed with deliberate intent and there is fault when the

wrongful act results from imprudence, negligence, lack of foresight, or lack of

skill.chanrobles virtual law library

Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different

from that which he intended.chanrobles virtual law library

2. By any person performing an act which would be an offense against persons or

property, were it not for the inherent impossibility of its accomplishment or an account of

the employment of inadequate or ineffectual means.chanrobles virtual law library

Art. 5. Duty of the court in connection with acts which should be repressed but which are

not covered by the law, and in cases of excessive penalties.chanrobles virtual law library

— Whenever a court has knowledge of any act which it may deem proper to repress and

which is not punishable by law, it shall render the proper decision, and shall report to the

Chief Executive, through the Department of Justice, the reasons which induce the court to

believe that said act should be made the subject of legislation.chanrobles virtual law

library

In the same way, the court shall submit to the Chief Executive, through the Department of

Justice, such statement as may be deemed proper, without suspending the execution of the

sentence, when a strict enforcement of the provisions of this Code would result in the

imposition of a clearly excessive penalty, taking into consideration the degree of malice

and the injury caused by the offense.chanrobles virtual law library

Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as

well as those which are frustrated and attempted, are punishable.chanrobles virtual law

library

A felony is consummated when all the elements necessary for its execution and

accomplishment are present; and it is frustrated when the offender performs all the acts of

execution which would produce the felony as a consequence but which, nevertheless, do

not produce it by reason of causes independent of the will of the perpetrator.chanrobles

virtual law library

There is an attempt when the offender commences the commission of a felony directly or

over acts, and does not perform all the acts of execution which should produce the felony

by reason of some cause or accident other than this own spontaneous

desistance.chanrobles virtual law library

Art. 7. When light felonies are punishable. — Light felonies are punishable only when

they have been consummated, with the exception of those committed against person or

property.chanrobles virtual law library chan robles virtual law library

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit

felony are punishable only in the cases in which the law specially provides a penalty

therefor.chanrobles virtual law library

A conspiracy exists when two or more persons come to an agreement concerning the

commission of a felony and decide to commit it.chanrobles virtual law library

There is proposal when the person who has decided to commit a felony proposes its

execution to some other person or persons.chanrobles virtual law library

Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those

to which the law attaches the capital punishment or penalties which in any of their periods

are afflictive, in accordance with Art. 25 of this Code.chanrobles virtual law library

Less grave felonies are those which the law punishes with penalties which in their

maximum period are correctional, in accordance with the above-mentioned

Art..chanrobles virtual law library

Light felonies are those infractions of law for the commission of which a penalty of arrest

menor or a fine not exceeding 200 pesos or both; is provided.chanrobles virtual law

library

Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in

the future may be punishable under special laws are not subject to the provisions of this

Code. This Code shall be supplementary to such laws, unless the latter should specially

provide the contrary.chanrobles virtual law library

Chapter Two

JUSTIFYING CIRCUMSTANCES

AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY

Art. 11. Justifying circumstances. — The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following

circumstances concur;

First. Unlawful aggression.chanrobles virtual law library

Second. Reasonable necessity of the means employed to prevent or repel it.chanrobles

virtual law library

Third. Lack of sufficient provocation on the part of the person defending

himself.chanrobles virtual law library

2. Any one who acts in defense of the person or rights of his spouse, ascendants,

descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by

affinity in the same degrees and those consanguinity within the fourth civil degree,

provided that the first and second requisites prescribed in the next preceding circumstance

are present, and the further requisite, in case the revocation was given by the person

attacked, that the one making defense had no part therein.chanrobles virtual law library

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first

and second requisites mentioned in the first circumstance of this Art. are present and that

the person defending be not induced by revenge, resentment, or other evil

motive.chanrobles virtual law library

4. Any person who, in order to avoid an evil or injury, does not act which causes damage

to another, provided that the following requisites are present;

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of preventing it.chanrobles

virtual law library

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or

office.chanrobles virtual law library

6. Any person who acts in obedience to an order issued by a superior for some lawful

purpose.chanrobles virtual law library

Art. 12. Circumstances which exempt from criminal liability. — the following are exempt

from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid

interval.chanrobles virtual law library

When the imbecile or an insane person has committed an act which the law defines as a

felony (delito), the court shall order his confinement in one of the hospitals or asylums

established for persons thus afflicted, which he shall not be permitted to leave without

first obtaining the permission of the same court.chanrobles virtual law library

2. A person under nine years of age.chanrobles virtual law library

3. A person over nine years of age and under fifteen, unless he has acted with

discernment, in which case, such minor shall be proceeded against in accordance with the

provisions of Art. 80 of this Code.chanrobles virtual law library

When such minor is adjudged to be criminally irresponsible, the court, in conformably

with the provisions of this and the preceding paragraph, shall commit him to the care and

custody of his family who shall be charged with his surveillance and education otherwise,

he shall be committed to the care of some institution or person mentioned in said Art.

80.chanrobles virtual law library

4. Any person who, while performing a lawful act with due care, causes an injury by mere

accident without fault or intention of causing it.chanrobles virtual law library

5. Any person who act under the compulsion of irresistible force.chanrobles virtual law

library

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater

injury.chanrobles virtual law library

7. Any person who fails to perform an act required by law, when prevented by some

lawful insuperable cause.chanrobles virtual law library

Chapter Three

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Art. 13. Mitigating circumstances. — The following are mitigating circumstances;

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify

or to exempt from criminal liability in the respective cases are not attendant.chanrobles

virtual law library

2. That the offender is under eighteen year of age or over seventy years. In the case of the

minor, he shall be proceeded against in accordance with the provisions of Art.


3. That the offender had no intention to commit so grave a wrong as that

committed.chanrobles virtual law library

4. That sufficient provocation or threat on the part of the offended party immediately

preceded the act.chanrobles virtual law library

5. That the act was committed in the immediate vindication of a grave offense to the one

committing the felony (delito), his spouse, ascendants, or relatives by affinity within the

same degrees.chanrobles virtual law library

6. That of having acted upon an impulse so powerful as naturally to have produced

passion or obfuscation.chanrobles virtual law library

7. That the offender had voluntarily surrendered himself to a person in authority or his

agents, or that he had voluntarily confessed his guilt before the court prior to the

presentation of the evidence for the prosecution;

8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect

which thus restricts his means of action, defense, or communications with his fellow

beings.chanrobles virtual law library

9. Such illness of the offender as would diminish the exercise of the will-power of the

offender without however depriving him of the consciousness of his acts.chanrobles

virtual law library chan robles virtual law library

10. And, finally, any other circumstances of a similar nature and analogous to those above

mentioned.chanrobles virtual law library

Chapter Four

CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Art. 14. Aggravating circumstances. — The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.chanrobles virtual law

library

2. That the crime be committed in contempt or with insult to the public

authorities.chanrobles virtual law library

3. That the act be committed with insult or in disregard of the respect due the offended

party on account of his rank, age, or sex, or that is be committed in the dwelling of the

offended party, if the latter has not given provocation.chanrobles virtual law library

4. That the act be committed with abuse of confidence or obvious

ungratefulness.chanrobles virtual law library

5. That the crime be committed in the palace of the Chief Executive or in his presence, or

where public authorities are engaged in the discharge of their duties, or in a place

dedicated to religious worship.chanrobles virtual law library

6. That the crime be committed in the night time, or in an uninhabited place, or by a band,

whenever such circumstances may facilitate the commission of the offense.chanrobles

virtual law library

Whenever more than three armed malefactors shall have acted together in the commission

of an offense, it shall be deemed to have been committed by a band.chanrobles virtual law

library

7. That the crime be committed on the occasion of a conflagration, shipwreck,

earthquake, epidemic or other calamity or misfortune.chanrobles virtual law library

8. That the crime be committed with the aid of armed men or persons who insure or

afford impunity.chanrobles virtual law library

9. That the accused is a recidivist.chanrobles virtual law library

A recidivist is one who, at the time of his trial for one crime, shall have been previously

convicted by final judgment of another crime embraced in the same title of this

Code.chanrobles virtual law library

10. That the offender has been previously punished by an offense to which the law

attaches an equal or greater penalty or for two or more crimes to which it attaches a

lighter penalty.chanrobles virtual law library

11. That the crime be committed in consideration of a price, reward, or

promise.chanrobles virtual law library

12. That the crime be committed by means of inundation, fire, poison, explosion,

stranding of a vessel or international damage thereto, derailment of a locomotive, or by

the use of any other artifice involving great waste and ruin.chanrobles virtual law library

13. That the act be committed with evidence premeditation.chanrobles virtual law library

14. That the craft, fraud or disguise be employed.chanrobles virtual law library

15. That advantage be taken of superior strength, or means be employed to weaken the

defense.chanrobles virtual law library

16. That the act be committed with treachery (alevosia).chanrobles virtual law library

There is treachery when the offender commits any of the crimes against the person,

employing means, methods, or forms in the execution thereof which tend directly and

specially to insure its execution, without risk to himself arising from the defense which

the offended party might make.chanrobles virtual law library

17. That means be employed or circumstances brought about which add ignominy to the

natural effects of the act.chanrobles virtual law library

18. That the crime be committed after an unlawful entry.chanrobles virtual law library

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or

window be broken.chanrobles virtual law library

20. That the crime be committed with the aid of persons under fifteen years of age or by

means of motor vehicles, motorized watercraft, airships, or other similar means. (As

amended by RA 5438).

21. That the wrong done in the commission of the crime be deliberately augmented by

causing other wrong not necessary for its commissions.chanrobles virtual law library

Chapter Five

ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are those which must be taken into

consideration as aggravating or mitigating according to the nature and effects of the crime

and the other conditions attending its commission. They are the relationship, intoxication

and the degree of instruction and education of the offender.chanrobles virtual law library

The alternative circumstance of relationship shall be taken into consideration when the

offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted

brother or sister, or relative by affinity in the same degrees of the offender.chanrobles

virtual law library

The intoxication of the offender shall be taken into consideration as a mitigating

circumstances when the offender has committed a felony in a state of intoxication, if the

same is not habitual or subsequent to the plan to commit said felony but when the

intoxication is habitual or intentional, it shall be considered as an aggravating

circumstance.chanrobles virtual law library

Title Two

PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. — The following are criminally liable for grave and

less grave felonies:

1. Principals.chanrobles virtual law library

2. Accomplices.chanrobles virtual law library

3. Accessories.chanrobles virtual law library

The following are criminally liable for light felonies:

1. Principals

2. Accomplices.chanrobles virtual law library

Art. 17. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another act without which it

would not have been accomplished.chanrobles virtual law library

Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art.

17, cooperate in the execution of the offense by previous or simultaneous acts.chanrobles

virtual law library

Art. 19. Accessories. — Accessories are those who, having knowledge of the commission

of the crime, and without having participated therein, either as principals or accomplices,

take part subsequent to its commission in any of the following manners: chan robles

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1. By profiting themselves or assisting the offender to profit by the effects of the

crime.chanrobles virtual law library

2. By concealing or destroying the body of the crime, or the effects or instruments

thereof, in order to prevent its discovery.chanrobles virtual law library

3. By harboring, concealing, or assisting in the escape of the principals of the crime,

provided the accessory acts with abuse of his public functions or whenever the author of

the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief

Executive, or is known to be habitually guilty of some other crime.chanrobles virtual law

library

Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed

for accessories shall not be imposed upon those who are such with respect to their

spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or

relatives by affinity within the same degrees, with the single exception of accessories

falling within the provisions of paragraph 1 of the next preceding article.chanrobles

virtual law library

Title Three

P E N A L T I E S

Chapter One

PENALTIES IN GENERAL

Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty

not prescribed by law prior to its commission.chanrobles virtual law library

Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect

insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this

term is defined in Rule 5 of Article 62 of this Code, although at the time of the

publication of such laws a final sentence has been pronounced and the convict is serving

the same.chanrobles virtual law library

Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does

not extinguish criminal action except as provided in Article 344 of this Code; but civil

liability with regard to the interest of the injured party is extinguished by his express

waiver.chanrobles virtual law library

Art. 24. Measures of prevention or safety which are nor considered penalties. — The

following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their detention by

reason of insanity or imbecility, or illness requiring their confinement in a

hospital.chanrobles virtual law library

2. The commitment of a minor to any of the institutions mentioned in Article 80 and for

the purposes specified therein.chanrobles virtual law library

3. Suspension from the employment of public office during the trial or in order to institute

proceedings.chanrobles virtual law library

4. Fines and other corrective measures which, in the exercise of their administrative

disciplinary powers, superior officials may impose upon their subordinates.chanrobles

virtual law library

5. Deprivation of rights and the reparations which the civil laws may establish in penal

form.chanrobles virtual law library

Chapter Two

CLASSIFICATION OF PENALTIES

Art. 25. Penalties which may be imposed. — The penalties which may be imposed

according to this Code, and their different classes, are those included in the following:

Scale

Principal Penalties

Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,

Reclusion temporal,

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Prision mayor.

Correctional penalties:

Prision correccional,

Arresto mayor,

Suspension,

Destierro.

Light penalties:

Arresto menor,

Public censure.

Penalties common to the three preceding classes:

Fine, and

Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Suspension from public office, the right to vote and be voted for, the

profession or calling.

Civil interdiction,

Indemnification,

Forfeiture or confiscation of instruments and proceeds of the offense,

Payment of costs.

Art. 26. When afflictive, correctional, or light penalty. — A fine, whether imposed as a

single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds

6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than

200 pesos; and a light penalty if it less than 200 pesos.chanrobles virtual law library

Chapter Three

DURATION AND EFFECTS OF PENALTIES

Section One. — Duration of Penalties

Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties

shall be pardoned after undergoing the penalty for thirty years, unless such person by

reason of his conduct or some other serious cause shall be considered by the Chief

Executive as unworthy of pardon.chanrobles virtual law library

Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and

one day to twenty years.chanrobles virtual law library

Prision mayor and temporary disqualification. — The duration of the penalties of prision

mayor and temporary disqualification shall be from six years and one day to twelve years,

except when the penalty of disqualification is imposed as an accessory penalty, in which

case its duration shall be that of the principal penalty.chanrobles virtual law library

Prision correccional, suspension, and destierro. — The duration of the penalties of prision

correccional, suspension and destierro shall be from six months and one day to six years,

except when suspension is imposed as an accessory penalty, in which case, its duration

shall be that of the principal penalty.chanrobles virtual law library

Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month

and one day to six months.chanrobles virtual law library

Arresto menor. — The duration of the penalty of arresto menor shall be from one day to

thirty days.chanrobles virtual law library

Bond to keep the peace. — The bond to keep the peace shall be required to cover such

period of time as the court may determine.chanrobles virtual law library

Art. 28. Computation of penalties. — If the offender shall be in prison, the term of the

duration of the temporary penalties shall be computed from the day on which the

judgment of conviction shall have become final.chanrobles virtual law library

If the offender be not in prison, the term of the duration of the penalty consisting of

deprivation of liberty shall be computed from the day that the offender is placed at the

disposal of the judicial authorities for the enforcement of the penalty. The duration of the

other penalties shall be computed only from the day on which the defendant commences

to serve his sentence.chanrobles virtual law library

Art. 29. Period of preventive imprisonment deducted from term of imprisonment. —

Offenders who have undergone preventive imprisonment shall be credited in the service

of their sentence consisting of deprivation of liberty, with the full time during which they

have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in

writing to abide by the same disciplinary rules imposed upon convicted prisoners, except

in the following cases:

1. When they are recidivists or have been convicted previously twice or more times of

any crime; and

2. When upon being summoned for the execution of their sentence they have failed to

surrender voluntarily.chanrobles virtual law library

If the detention prisoner does not agree to abide by the same disciplinary rules imposed

upon convicted prisoners, he shall be credited in the service of his sentence with four-

fifths of the time during which he has undergone preventive imprisonment. (As amended

by Republic Act 6127, June 17, 1970).chanrobles virtual law library

Whenever an accused has undergone preventive imprisonment for a period equal to or

more than the possible maximum imprisonment of the offense charged to which he may

be sentenced and his case is not yet terminated, he shall be released immediately without

prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same

is under review. In case the maximum penalty to which the accused may be sentenced is

destierro, he shall be released after thirty (30) days of preventive imprisonment. (As

amended by E.O. No. 214, July 10, 1988).

Section Two. — Effects of the penalties

according to their respective nature

Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. —

The penalties of perpetual or temporary absolute disqualification for public office shall

produce the following effects:

1. The deprivation of the public offices and employments which the offender may have

held even if conferred by popular election.chanrobles virtual law library

2. The deprivation of the right to vote in any election for any popular office or to be

elected to such office.chanrobles virtual law library

3. The disqualification for the offices or public employments and for the exercise of any

of the rights mentioned.chanrobles virtual law library

In case of temporary disqualification, such disqualification as is comprised in paragraphs

2 and 3 of this article shall last during the term of the sentence.chanrobles virtual law

library

4. The loss of all rights to retirement pay or other pension for any office formerly

held.chanrobles virtual law library

Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The

penalties of perpetual or temporal special disqualification for public office, profession or

calling shall produce the following effects:

1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either perpetually or

during the term of the sentence according to the extent of such disqualification.chanrobles

virtual law library

Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the

exercise of the right of suffrage. — The perpetual or temporary special disqualification

for the exercise of the right of suffrage shall deprive the offender perpetually or during the

term of the sentence, according to the nature of said penalty, of the right to vote in any

popular election for any public office or to be elected to such office. Moreover, the

offender shall not be permitted to hold any public office during the period of his

disqualification.chanrobles virtual law library

Art. 33. Effects of the penalties of suspension from any public office, profession or

calling, or the right of suffrage. — The suspension from public office, profession or

calling, and the exercise of the right of suffrage shall disqualify the offender from holding

such office or exercising such profession or calling or right of suffrage during the term of

the sentence.chanrobles virtual law library

The person suspended from holding public office shall not hold another having similar

functions during the period of his suspension.chanrobles virtual law library

Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender during the time

of his sentence of the rights of parental authority, or guardianship, either as to the person

or property of any ward, of marital authority, of the right to manage his property and of

the right to dispose of such property by any act or any conveyance inter vivos.chanrobles

virtual law library

Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced

to give bond to keep the peace, to present two sufficient sureties who shall undertake that

such person will not commit the offense sought to be prevented, and that in case such

offense be committed they will pay the amount determined by the court in the judgment,

or otherwise to deposit such amount in the office of the clerk of the court to guarantee

said undertaking.chanrobles virtual law library

The court shall determine, according to its discretion, the period of duration of the

bond.chanrobles virtual law library

Should the person sentenced fail to give the bond as required he shall be detained for a

period which shall in no case exceed six months, is he shall have been prosecuted for a

grave or less grave felony, and shall not exceed thirty days, if for a light felony.chanrobles

virtual law library

Art. 36. Pardon; its effect. — A pardon shall not work the restoration of the right to hold

public office, or the right of suffrage, unless such rights be expressly restored by the terms

of the pardon.chanrobles virtual law library

A pardon shall in no case exempt the culprit from the payment of the civil indemnity

imposed upon him by the sentence.chanrobles virtual law library

Art. 37. Cost; What are included. — Costs shall include fees and indemnities in the

course of the judicial proceedings, whether they be fixed or unalterable amounts

previously determined by law or regulations in force, or amounts not subject to

schedule.chanrobles virtual law library

Art. 38. Pecuniary liabilities; Order of payment. — In case the property of the offender

should not be sufficient for the payment of all his pecuniary liabilities, the same shall be

met in the following order:

1. The reparation of the damage caused.chanrobles virtual law library

2. Indemnification of consequential damages.chanrobles virtual law library

3. The fine.chanrobles virtual law library

4. The cost of the proceedings.chanrobles virtual law library

Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine

mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a

subsidiary personal liability at the rate of one day for each eight pesos, subject to the

following rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall

remain under confinement until his fine referred to in the preceding paragraph is satisfied,

but his subsidiary imprisonment shall not exceed one-third of the term of the sentence,

and in no case shall it continue for more than one year, and no fraction or part of a day

shall be counted against the prisoner.chanrobles virtual law library

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall

not exceed six months, if the culprit shall have been prosecuted for a grave or less grave

felony, and shall not exceed fifteen days, if for a light felony.chanrobles virtual law

library

3. When the principal imposed is higher than prision correccional, no subsidiary

imprisonment shall be imposed upon the culprit.chanrobles virtual law library

4. If the principal penalty imposed is not to be executed by confinement in a penal

institution, but such penalty is of fixed duration, the convict, during the period of time

established in the preceding rules, shall continue to suffer the same deprivations as those

of which the principal penalty consists.chanrobles virtual law library chan robles virtual

law library

5. The subsidiary personal liability which the convict may have suffered by reason of his

insolvency shall not relieve him, from the fine in case his financial circumstances should

improve. (As amended by RA 5465, April 21, 1969).

Section Three. — Penalties in which other accessory penalties

are inherent

Art. 40. Death; Its accessory penalties. — The death penalty, when it is not executed by

reason of commutation or pardon shall carry with it that of perpetual absolute

disqualification and that of civil interdiction during thirty years following the date

sentence, unless such accessory penalties have been expressly remitted in the

pardon.chanrobles virtual law library

Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. — The

penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil

interdiction for life or during the period of the sentence as the case may be, and that of

perpetual absolute disqualification which the offender shall suffer even though pardoned

as to the principal penalty, unless the same shall have been expressly remitted in the


Art. 42. Prision mayor; Its accessory penalties. — The penalty of prision mayor, shall

carry with it that of temporary absolute disqualification and that of perpetual special

disqualification from the right of suffrage which the offender shall suffer although

pardoned as to the principal penalty, unless the same shall have been expressly remitted in

the pardon.chanrobles virtual law library

Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision

correccional shall carry with it that of suspension from public office, from the right to

follow a profession or calling, and that of perpetual special disqualification from the right

of suffrage, if the duration of said imprisonment shall exceed eighteen months. The

offender shall suffer the disqualification provided in the article although pardoned as to

the principal penalty, unless the same shall have been expressly remitted in the


Art. 44. Arresto; Its accessory penalties. — The penalty of arresto shall carry with it that

of suspension of the right too hold office and the right of suffrage during the term of the

sentence.chanrobles virtual law library

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every

penalty imposed for the commission of a felony shall carry with it the forfeiture of the

proceeds of the crime and the instruments or tools with which it was

committed.chanrobles virtual law library

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the

Government, unless they be property of a third person not liable for the offense, but those

articles which are not subject of lawful commerce shall be destroyed.chanrobles virtual

law library

Chapter Four

APPLICATION OF PENALTIES

Section One. — Rules for the application of penalties

to the persons criminally liable and for the graduation of the same.chanrobles virtual law

library

Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by

law for the commission of a felony shall be imposed upon the principals in the

commission of such felony.chanrobles virtual law library

Whenever the law prescribes a penalty for a felony is general terms, it shall be understood

as applicable to the consummated felony.chanrobles virtual law library

Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall

be imposed in all cases in which it must be imposed under existing laws, except in the

following cases:

1. When the guilty person be more than seventy years of age.chanrobles virtual law

library

2. When upon appeal or revision of the case by the Supreme court, all the members

thereof are not unanimous in their voting as to the propriety of the imposition of the death

penalty. For the imposition of said penalty or for the confirmation of a judgment of the

inferior court imposing the death sentence, the Supreme Court shall render its decision

per curiam, which shall be signed by all justices of said court, unless some member or

members thereof shall have been disqualified from taking part in the consideration of the

case, in which even the unanimous vote and signature of only the remaining justices shall

be required.chanrobles virtual law library

Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave

or less grave felonies, or when an offense is a necessary means for committing the other,

the penalty for the most serious crime shall be imposed, the same to be applied in its

maximum period.chanrobles virtual law library

Art. 49. Penalty to be imposed upon the principals when the crime committed is different

from that intended. — In cases in which the felony committed is different from that which

the offender intended to commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that corresponding to

the offense which the accused intended to commit, the penalty corresponding to the latter

shall be imposed in its maximum period.chanrobles virtual law library

2. If the penalty prescribed for the felony committed be lower than that corresponding to

the one which the accused intended to commit, the penalty for the former shall be

imposed in its maximum period.chanrobles virtual law library

3. The rule established by the next preceding paragraph shall not be applicable if the acts

committed by the guilty person shall also constitute an attempt or frustration of another

crime, if the law prescribes a higher penalty for either of the latter offenses, in which case

the penalty provided for the attempted or the frustrated crime shall be imposed in its

maximum period.chanrobles virtual law library

Art. 50. Penalty to be imposed upon principals of a frustrated crime.chanrobles virtual

law library— The penalty next lower in degree than that prescribed by law for the

consummated felony shall be imposed upon the principal in a frustrated felony.chanrobles

virtual law library

Art. 51. Penalty to be imposed upon principals of attempted crimes. — A penalty lower

by two degrees than that prescribed by law for the consummated felony shall be imposed

upon the principals in an attempt to commit a felony.chanrobles virtual law library

Art. 52. Penalty to be imposed upon accomplices in consummated crime.chanrobles

virtual law library — The penalty next lower in degree than that prescribed by law for the

consummated shall be imposed upon the accomplices in the commission of a

consummated felony.chanrobles virtual law library

Art. 53. Penalty to be imposed upon accessories to the commission of a consummated

felony. — The penalty lower by two degrees than that prescribed by law for the

consummated felony shall be imposed upon the accessories to the commission of a

consummated felony.chanrobles virtual law library

Art. 54. Penalty to imposed upon accomplices in a frustrated crime.chanrobles virtual

law library— The penalty next lower in degree than prescribed by law for the frustrated

felony shall be imposed upon the accomplices in the commission of a frustrated

felony.chanrobles virtual law library

Art. 55. Penalty to be imposed upon accessories of a frustrated crime.chanrobles virtual

law library — The penalty lower by two degrees than that prescribed by law for the

frustrated felony shall be imposed upon the accessories to the commission of a frustrated


Art. 56. Penalty to be imposed upon accomplices in an attempted crime.chanrobles virtual

law library — The penalty next lower in degree than that prescribed by law for an attempt

to commit a felony shall be imposed upon the accomplices in an attempt to commit the


Art. 57. Penalty to be imposed upon accessories of an attempted crime.chanrobles virtual

law library — The penalty lower by two degrees than that prescribed by law for the

attempted felony shall be imposed upon the accessories to the attempt to commit a


Art. 58. Additional penalty to be imposed upon certain accessories.chanrobles virtual law

library — Those accessories falling within the terms of paragraphs 3 of Article 19 of this

Code who should act with abuse of their public functions, shall suffer the additional

penalty of absolute perpetual disqualification if the principal offender shall be guilty of a

grave felony, and that of absolute temporary disqualification if he shall be guilty of a less

grave felony.chanrobles virtual law library

Art. 59. Penalty to be imposed in case of failure to commit the crime because the means

employed or the aims sought are impossible. — When the person intending to commit an

offense has already performed the acts for the execution of the same but nevertheless the

crime was not produced by reason of the fact that the act intended was by its nature one of

impossible accomplishment or because the means employed by such person are

essentially inadequate to produce the result desired by him, the court, having in mind the

social danger and the degree of criminality shown by the offender, shall impose upon him

the penalty of arresto mayor or a fine from 200 to 500 pesos.chanrobles virtual law library

Art. 60. Exception to the rules established in Articles 50 to 57. — The provisions

contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in

which the law expressly prescribes the penalty provided for a frustrated or attempted

felony, or to be imposed upon accomplices or accessories.chanrobles virtual law library

Art. 61. Rules for graduating penalties. — For the purpose of graduating the penalties

which, according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be

imposed upon persons guilty as principals of any frustrated or attempted felony, or as

accomplices or accessories, the following rules shall be observed:

1. When the penalty prescribed for the felony is single and indivisible, the penalty next

lower in degrees shall be that immediately following that indivisible penalty in the

respective graduated scale prescribed in Article 71 of this Code.chanrobles virtual law

library

2. When the penalty prescribed for the crime is composed of two indivisible penalties, or

of one or more divisible penalties to be impose to their full extent, the penalty next lower

in degree shall be that immediately following the lesser of the penalties prescribed in the

respective graduated scale.chanrobles virtual law library

3. When the penalty prescribed for the crime is composed of one or two indivisible

penalties and the maximum period of another divisible penalty, the penalty next lower in

degree shall be composed of the medium and minimum periods of the proper divisible

penalty and the maximum periods of the proper divisible penalty and the maximum

period of that immediately following in said respective graduated scale.chanrobles virtual

law library

4. when the penalty prescribed for the crime is composed of several periods,

corresponding to different divisible penalties, the penalty next lower in degree shall be

composed of the period immediately following the minimum prescribed and of the two

next following, which shall be taken from the penalty prescribed, if possible; otherwise

from the penalty immediately following in the above mentioned respective graduated

scale.chanrobles virtual law library

5. When the law prescribes a penalty for a crime in some manner not especially provided

for in the four preceding rules, the courts, proceeding by analogy, shall impose

corresponding penalties upon those guilty as principals of the frustrated felony, or of

attempt to commit the same, and upon accomplices and accessories.chanrobles virtual law

library

TABULATION OF THE PROVISIONS OF THE CHAPTER

Section Two. — Rules for the application of penalties with regard to the mitigating and

aggravating circumstances, and habitual delinquency.chanrobles virtual law library

Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of

habitual delinquency. — Mitigating or aggravating circumstances and habitual

delinquency shall be taken into account for the purpose of diminishing or increasing the

penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially punishable

by law or which are included by the law in defining a crime and prescribing the penalty

therefor shall not be taken into account for the purpose of increasing the

penalty.chanrobles virtual law library

2. The same rule shall apply with respect to any aggravating circumstance inherent in the

crime to such a degree that it must of necessity accompany the commission

thereof.chanrobles virtual law library

3. Aggravating or mitigating circumstances which arise from the moral attributes of the

offender, or from his private relations with the offended party, or from any other personal

cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices

and accessories as to whom such circumstances are attendant.chanrobles virtual law

library

4. The circumstances which consist in the material execution of the act, or in the means

employed to accomplish it, shall serve to aggravate or mitigate the liability of those

persons only who had knowledge of them at the time of the execution of the act or their

cooperation therein.chanrobles virtual law library

5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law

for the last crime of which he be found guilty and to the additional penalty of prision

correccional in its medium and maximum periods;

(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the

last crime of which he be found guilty and to the additional penalty of prision mayor in its

minimum and medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty

provided for the last crime of which he be found guilty and to the additional penalty of

prision mayor in its maximum period to reclusion temporal in its minimum

period.chanrobles virtual law library

Notwithstanding the provisions of this article, the total of the two penalties to be imposed

upon the offender, in conformity herewith, shall in no case exceed 30 years.chanrobles

virtual law library

For the purpose of this article, a person shall be deemed to be habitual delinquent, is

within a period of ten years from the date of his release or last conviction of the crimes of

serious or less serious physical injuries,robo, hurto, estafa or falsification, he is found

guilty of any of said crimes a third time or oftener.chanrobles virtual law library

Art. 63. Rules for the application of indivisible penalties. — In all cases in which the law

prescribes a single indivisible penalty, it shall be applied by the courts regardless of any

mitigating or aggravating circumstances that may have attended the commission of the

Penalty

Prescribe for

the crime

Penalty to be imposed

upon the principal in a

frustrated crime, and

accomplice in a

consummated crime

Penalty to be imposed

upon the principal in an

attempted crime, the

accessory in the

consummated crime and

the accomplices in a

frustrated crime.

Penalty to be

imposed upon the

accessory in a

frustrated crime,

and the accomplices

in an attempted

crime

Penalty to be

imposed upon the

accessory in an

attempted crime

First Case Death Reclusion Perpetua Reclusion Temporal Prision Mayor Prision

Correccional

Second Case Reclusion

Perpetuato

Death

Reclusion Temporal Prision Mayor Prision Correccional Arresto Mayor

Third Case Reclusion

Temporalin its

maximum

period to death

Prision Mayorin its

maximum period

toreclusion temporal in

its medium period

Prision correccional in its

maximum period toprision

mayorin its medium period

Arresto Mayor in it s

maximum period

toprision

correccionalin its

medium period

Fine andArresto

Mayor in its

minimum and

medium periods

Fourth Case Prision Mayor

in its maximum

period

toreclusion

temporal in its

medium period.

Prision correccional in its

maximum period

toprision mayorin its

medium period.

Arresto mayorin its

maximum period toprision

correccional in its medium

period.

Fine andArresto

Mayor in its

minimum and

medium periods

Fine.

deed.chanrobles virtual law library

In all cases in which the law prescribes a penalty composed of two indivisible penalties,

the following rules shall be observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating

circumstance, the greater penalty shall be applied.chanrobles virtual law library

2. When there are neither mitigating nor aggravating circumstances and there is no

aggravating circumstance, the lesser penalty shall be applied.chanrobles virtual law

library

3. When the commission of the act is attended by some mitigating circumstances and

there is no aggravating circumstance, the lesser penalty shall be applied.chanrobles virtual

law library

4. When both mitigating and aggravating circumstances attended the commission of the

act, the court shall reasonably allow them to offset one another in consideration of their

number and importance, for the purpose of applying the penalty in accordance with the

preceding rules, according to the result of such compensation.chanrobles virtual law

library

Art. 64. Rules for the application of penalties which contain three periods.— In cases in

which the penalties prescribed by law contain three periods, whether it be a single

divisible penalty or composed of three different penalties, each one of which forms a

period in accordance with the provisions of Articles 76 and 77, the court shall observe for

the application of the penalty the following rules, according to whether there are or are

not mitigating or aggravating circumstances:

1. When there are neither aggravating nor mitigating circumstances, they shall impose the

penalty prescribed by law in its medium period.chanrobles virtual law library

2. When only a mitigating circumstances is present in the commission of the act, they

shall impose the penalty in its minimum period.chanrobles virtual law library

3. When an aggravating circumstance is present in the commission of the act, they shall

impose the penalty in its maximum period.chanrobles virtual law library

4. When both mitigating and aggravating circumstances are present, the court shall

reasonably offset those of one class against the other according to their relative

weight.chanrobles virtual law library

5. When there are two or more mitigating circumstances and no aggravating

circumstances are present, the court shall impose the penalty next lower to that prescribed

by law, in the period that it may deem applicable, according to the number and nature of

such circumstances.chanrobles virtual law library

6. Whatever may be the number and nature of the aggravating circumstances, the courts

shall not impose a greater penalty than that prescribed by law, in its maximum


7. Within the limits of each period, the court shall determine the extent of the penalty

according to the number and nature of the aggravating and mitigating circumstances and

the greater and lesser extent of the evil produced by the crime.chanrobles virtual law

library

Art. 65. Rule in cases in which the penalty is not composed of three periods. — In cases

in which the penalty prescribed by law is not composed of three periods, the courts shall

apply the rules contained in the foregoing articles, dividing into three equal portions of

time included in the penalty prescribed, and forming one period of each of the three

portions.chanrobles virtual law library

Art. 66. Imposition of fines. — In imposing fines the courts may fix any amount within

the limits established by law; in fixing the amount in each case attention shall be given,

not only to the mitigating and aggravating circumstances, but more particularly to the

wealth or means of the culprit.chanrobles virtual law library

Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth

circumstance of Article 12 are present.— When all the conditions required in

circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are

not present, the penalty of arresto mayor in its maximum period to prision correccional in

its minimum period shall be imposed upon the culprit if he shall have been guilty of a

grave felony, and arresto mayor in its minimum and medium periods, if of a less grave

felony.chanrobles virtual law library chan robles virtual law library

Art. 68. Penalty to be imposed upon a person under eighteen years of age. — When the

offender is a minor under eighteen years and his case is one coming under the provisions

of the paragraphs next to the last of Article 80 of this Code, the following rules shall be

observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from

liability by reason of the court having declared that he acted with discernment, a

discretionary penalty shall be imposed, but always lower by two degrees at least than that

prescribed by law for the crime which he committed.chanrobles virtual law library

2. Upon a person over fifteen and under eighteen years of age the penalty next lower than

that prescribed by law shall be imposed, but always in the proper period.chanrobles

virtual law library

Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. — A

penalty lower by one or two degrees than that prescribed by law shall be imposed if the

deed is not wholly excusable by reason of the lack of some of the conditions required to

justify the same or to exempt from criminal liability in the several cases mentioned in

Article 11 and 12, provided that the majority of such conditions be present. The courts

shall impose the penalty in the period which may be deemed proper, in view of the

number and nature of the conditions of exemption present or lacking.chanrobles virtual

law library

Art. 70. Successive service of sentence. — When the culprit has to serve two or more

penalties, he shall serve them simultaneously if the nature of the penalties will so permit

otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed

so that they may be executed successively or as nearly as may be possible, should a

pardon have been granted as to the penalty or penalties first imposed, or should they have

been served out.chanrobles virtual law library

For the purpose of applying the provisions of the next preceding paragraph the respective

severity of the penalties shall be determined in accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional, chan robles virtual law library

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.chanrobles virtual law library

11. Suspension from public office, the right to vote and be voted for, the right to follow a

profession or calling, and

12. Public censure.chanrobles virtual law library

Notwithstanding the provisions of the rule next preceding, the maximum duration of the

convict's sentence shall not be more than three-fold the length of time corresponding to

the most severe of the penalties imposed upon him. No other penalty to which he may be

liable shall be inflicted after the sum total of those imposed equals the same maximum


Such maximum period shall in no case exceed forty years.chanrobles virtual law library

In applying the provisions of this rule the duration of perpetual penalties (pena perpetua)

shall be computed at thirty years. (As amended).chanrobles virtual law library

Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or

higher by one or more degrees than another given penalty, the rules prescribed in Article

61 shall be observed in graduating such penalty.chanrobles virtual law library

The lower or higher penalty shall be taken from the graduated scale in which is comprised

the given penalty.chanrobles virtual law library

The courts, in applying such lower or higher penalty, shall observe the following

graduated scales:

SCALE NO. 1

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Destierro,

8. Arresto menor,

9. Public censure,

10. Fine.chanrobles virtual law library

SCALE NO. 2

1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the right to vote and be

voted for, the right to follow a profession or calling,

4. Public censure,

5. Fine.chanrobles virtual law library

Art. 72. Preference in the payment of the civil liabilities. — The civil liabilities of a

person found guilty of two or more offenses shall be satisfied by following the

chronological order of the dates of the judgments rendered against him, beginning with

the first in order of time.chanrobles virtual law library

Section Three. — Provisions common in the last two preceding sections

Art. 73. Presumption in regard to the imposition of accessory penalties . — Whenever the

courts shall impose a penalty which, by provision of law, carries with it other penalties,

according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be

understood that the accessory penalties are also imposed upon the convict.chanrobles

virtual law library

Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases in which the

law prescribes a penalty higher than another given penalty, without specially designating

the name of the former, if such higher penalty should be that of death, the same penalty

and the accessory penalties of Article 40, shall be considered as the next higher


Art. 75. Increasing or reducing the penalty of fine by one or more degrees. — Whenever

it may be necessary to increase or reduce the penalty of fine by one or more degrees, it

shall be increased or reduced, respectively, for each degree, by one-fourth of the

maximum amount prescribed by law, without however, changing the

minimum.chanrobles virtual law library

The same rules shall be observed with regard of fines that do not consist of a fixed

amount, but are made proportional.chanrobles virtual law library

Art. 76. Legal period of duration of divisible penalties. — The legal period of duration of

divisible penalties shall be considered as divided into three parts, forming three periods,

the minimum, the medium, and the maximum in the manner shown in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE

TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time

included in

the penalty

in its

entirety

Time

included in

its minimum

period

Time

included in

its medium

period

Time included

in its

maximum

Reclusion temporal From 12

years and 1

day to 20

years.

From 12

years and 1

day to 14

years and 8

months.

From 14

years, 8

months and

1 day to 17

years and 4

months.

From 17

years, 4

months and 1

day to 20

years.

Prision

mayor,absolute

disqualification and

special temporary

disqualification

From 6

years and 1

day to 12

years.

From 6 years

and 1 day to

8 years.

From 8

years and 1

day to 10

years.

From 10 years

and 1 day to

12 years.

Prision

correccional,suspensi

on anddestierro

From 6

months and

1 day to 6

years.

From 6

months and 1

day to 2

years and 4

months.

From 2

years, 4

months and

1 day to 4

years and 2

months.

From 4 years,

2 months and

1 day to 6

years.

Arresto mayor From 1

month and

1 day to

months.

From 1 to 2

months.

From 2

months and

1 day to 4

months.

From 4

months and 1

day to 6

months.

Arresto menor From 1 to From 1 to 10 From 11 to From 21 to 30

30 days. days. 20 days. days.

Art. 77. When the penalty is a complex one composed of three distinct penalties. — In

cases in which the law prescribes a penalty composed of three distinct penalties, each one

shall form a period; the lightest of them shall be the minimum the next the medium, and

the most severe the maximum period.chanrobles virtual law library

Whenever the penalty prescribed does not have one of the forms specially provided for in

this Code, the periods shall be distributed, applying by analogy the prescribed

rules.chanrobles virtual law library

Chapter Five

EXECUTION AND SERVICE OF PENALTIES

Section One. — General Provisions

Art. 78. When and how a penalty is to be executed. — No penalty shall be executed

except by virtue of a final judgment.chanrobles virtual law library

A penalty shall not be executed in any other form than that prescribed by law, nor with

any other circumstances or incidents than those expressly authorized thereby.chanrobles

virtual law library

In addition to the provisions of the law, the special regulations prescribed for the

government of the institutions in which the penalties are to be suffered shall be observed

with regard to the character of the work to be performed, the time of its performance, and

other incidents connected therewith, the relations of the convicts among themselves and

other persons, the relief which they may receive, and their diet.chanrobles virtual law

library

The regulations shall make provision for the separation of the sexes in different

institutions, or at least into different departments and also for the correction and reform of

the convicts.chanrobles virtual law library

Art. 79. Suspension of the execution and service of the penalties in case of insanity. —

When a convict shall become insane or an imbecile after final sentence has been

pronounced, the execution of said sentence shall be suspended only with regard to the

personal penalty, the provisions of the second paragraph of circumstance number 1 of

Article 12 being observed in the corresponding cases.chanrobles virtual law library

If at any time the convict shall recover his reason, his sentence shall be executed, unless

the penalty shall have prescribed in accordance with the provisions of this


The respective provisions of this section shall also be observed if the insanity or

imbecility occurs while the convict is serving his sentence.chanrobles virtual law library

Art. 80. Suspension of sentence of minor delinquents. — Whenever a minor of either sex,

under sixteen years of age at the date of the commission of a grave or less grave felony, is

accused thereof, the court, after hearing the evidence in the proper proceedings, instead of

pronouncing judgment of conviction, shall suspend all further proceedings and shall

commit such minor to the custody or care of a public or private, benevolent or charitable

institution, established under the law of the care, correction or education of orphaned,

homeless, defective, and delinquent children, or to the custody or care of any other

responsible person in any other place subject to visitation and supervision by the Director

of Public Welfare or any of his agents or representatives, if there be any, or otherwise by

the superintendent of public schools or his representatives, subject to such conditions as

are prescribed hereinbelow until such minor shall have reached his majority age or for

such less period as the court may deem proper. chan robles virtual law library

The court, in committing said minor as provided above, shall take into consideration the

religion of such minor, his parents or next of kin, in order to avoid his commitment to any

private institution not under the control and supervision of the religious sect or

denomination to which they belong.chanrobles virtual law library

The Director of Public Welfare or his duly authorized representatives or agents, the

superintendent of public schools or his representatives, or the person to whose custody or

care the minor has been committed, shall submit to the court every four months and as

often as required in special cases, a written report on the good or bad conduct of said

minor and the moral and intellectual progress made by him.chanrobles virtual law library

The suspension of the proceedings against a minor may be extended or shortened by the

court on the recommendation of the Director of Public Welfare or his authorized

representative or agents, or the superintendent of public schools or his representatives,

according as to whether the conduct of such minor has been good or not and whether he

has complied with the conditions imposed upon him, or not. The provisions of the first

paragraph of this article shall not, however, be affected by those contained

herein.chanrobles virtual law library

If the minor has been committed to the custody or care of any of the institutions

mentioned in the first paragraph of this article, with the approval of the Director of Public

Welfare and subject to such conditions as this official in accordance with law may deem

proper to impose, such minor may be allowed to stay elsewhere under the care of a

responsible person.chanrobles virtual law library

If the minor has behaved properly and has complied with the conditions imposed upon

him during his confinement, in accordance with the provisions of this article, he shall be

returned to the court in order that the same may order his final release.chanrobles virtual

law library

In case the minor fails to behave properly or to comply with the regulations of the

institution to which he has been committed or with the conditions imposed upon him

when he was committed to the care of a responsible person, or in case he should be found

incorrigible or his continued stay in such institution should be inadvisable, he shall be

returned to the court in order that the same may render the judgment corresponding to the

crime committed by him.chanrobles virtual law library

The expenses for the maintenance of a minor delinquent confined in the institution to

which he has been committed, shall be borne totally or partially by his parents or relatives

or those persons liable to support him, if they are able to do so, in the discretion of the

court; Provided, That in case his parents or relatives or those persons liable to support him

have not been ordered to pay said expenses or are found indigent and cannot pay said

expenses, the municipality in which the offense was committed shall pay one-third of said

expenses; the province to which the municipality belongs shall pay one-third; and the

remaining one-third shall be borne by the National Government: Provided, however, That

whenever the Secretary of Finance certifies that a municipality is not able to pay its share

in the expenses above mentioned, such share which is not paid by said municipality shall

be borne by the National Government. Chartered cities shall pay two-thirds of said

expenses; and in case a chartered city cannot pay said expenses, the internal revenue

allotments which may be due to said city shall be withheld and applied in settlement of

said indebtedness in accordance with section five hundred and eighty-eight of the

Administrative Code.chanrobles virtual law library chan robles virtual law library

Section Two. — Execution of principal penalties.chanrobles virtual law library

Art. 81. When and how the death penalty is to be executed. — The death sentence shall

be executed with reference to any other and shall consist in putting the person under

sentence to death by electrocution. The death sentence shall be executed under the

authority of the Director of Prisons, endeavoring so far as possible to mitigate the

sufferings of the person under sentence during electrocution as well as during the

proceedings prior to the execution.chanrobles virtual law library

If the person under sentence so desires, he shall be anaesthetized at the moment of the

electrocution.chanrobles virtual law library

Art. 82. Notification and execution of the sentence and assistance to the culprit. — The

court shall designate a working day for the execution but not the hour thereof; and such

designation shall not be communicated to the offender before sunrise of said day, and the

execution shall not take place until after the expiration of at least eight hours following

the notification, but before sunset. During the interval between the notification and the

execution, the culprit shall, in so far as possible, be furnished such assistance as he may

request in order to be attended in his last moments by priests or ministers of the religion

he professes and to consult lawyers, as well as in order to make a will and confer with

members of his family or persons in charge of the management of his business, of the

administration of his property, or of the care of his descendants.chanrobles virtual law

library

Art. 83. Suspension of the execution of the death sentence. — The death sentence shall

not be inflicted upon a woman within the three years next following the date of the

sentence or while she is pregnant, nor upon any person over seventy years of age. In this

last case, the death sentence shall be commuted to the penalty of reclusion perpetua with

the accessory penalties provided in Article 40.chanrobles virtual law library

Art. 84. Place of execution and persons who may witness the same.chanrobles virtual law

library — The execution shall take place in the penitentiary of Bilibid in a space closed to

the public view and shall be witnessed only by the priests assisting the offender and by

his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and

the necessary personnel of the penal establishment, and by such persons as the Director of

Prisons may authorize.chanrobles virtual law library

Art. 85. Provisions relative to the corpse of the person executed and its burial. — Unless

claimed by his family, the corpse of the culprit shall, upon the completion of the legal

proceedings subsequent to the execution, be turned over to the institute of learning or

scientific research first applying for it, for the purpose of study and investigation,

provided that such institute shall take charge of the decent burial of the remains.

Otherwise, the Director of Prisons shall order the burial of the body of the culprit at

government expense, granting permission to be present thereat to the members of the

family of the culprit and the friends of the latter. In no case shall the burial of the body of

a person sentenced to death be held with pomp.chanrobles virtual law library chan robles

virtual law library

Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and

arresto mayor. — The penalties of reclusion perpetua, reclusion temporal, prision mayor,

prision correccional and arresto mayor, shall be executed and served in the places and

penal establishments provided by the Administrative Code in force or which may be

provided by law in the future.chanrobles virtual law library

Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the

place or places designated in the sentence, nor within the radius therein specified, which

shall be not more than 250 and not less than 25 kilometers from the place

designated.chanrobles virtual law library

Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal

jail, or in the house of the defendant himself under the surveillance of an officer of the

law, when the court so provides in its decision, taking into consideration the health of the

offender and other reasons which may seem satisfactory to it.chanrobles virtual law

library

Title Four

EXTINCTION OF CRIMINAL LIABILITY

Chapter One

TOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally

extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties,

liability therefor is extinguished only when the death of the offender occurs before final

judgment.chanrobles virtual law library

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this


Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or

reclusion temporal shall prescribe in twenty years.chanrobles virtual law library

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.chanrobles

virtual law library

Those punishable by a correctional penalty shall prescribe in ten years; with the exception

of those punishable by arresto mayor, which shall prescribe in five years.chanrobles

virtual law library

The crime of libel or other similar offenses shall prescribe in one year.chanrobles virtual

law library

The crime of oral defamation and slander by deed shall prescribe in six

months.chanrobles virtual law library

Light offenses prescribe in two months.chanrobles virtual law library chan robles virtual

law library

When the penalty fixed by law is a compound one, the highest penalty shall be made the

basis of the application of the rules contained in the first, second and third paragraphs of

this article. (As amended by RA 4661, approved June 19, 1966).

Art. 91. Computation of prescription of offenses. — The period of prescription shall

commence to run from the day on which the crime is discovered by the offended party,

the authorities, or their agents, and shall be interrupted by the filing of the complaint or

information, and shall commence to run again when such proceedings terminate without

the accused being convicted or acquitted, or are unjustifiably stopped for any reason not

imputable to him.chanrobles virtual law library

The term of prescription shall not run when the offender is absent from the Philippine

Archipelago.chanrobles virtual law library

Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence

prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor,

which prescribes in five years;

4. Light penalties, in one year.chanrobles virtual law library

Art. 93. Computation of the prescription of penalties. — The period of prescription of

penalties shall commence to run from the date when the culprit should evade the service

of his sentence, and it shall be interrupted if the defendant should give himself up, be

captured, should go to some foreign country with which this Government has no

extradition treaty, or should commit another crime before the expiration of the period of

prescription.chanrobles virtual law library

Chapter Two

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished

partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culprit may earn while he is serving his


Art. 95. Obligation incurred by person granted conditional pardon.chanrobles virtual law

library — Any person who has been granted conditional pardon shall incur the obligation

of complying strictly with the conditions imposed therein otherwise, his non-compliance

with any of the conditions specified shall result in the revocation of the pardon and the

provisions of Article 159 shall be applied to him.chanrobles virtual law library

Art. 96. Effect of commutation of sentence. — The commutation of the original sentence

for another of a different length and nature shall have the legal effect of substituting the

latter in the place of the former.chanrobles virtual law library

Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal

institution shall entitle him to the following deductions from the period of his sentence:

1. During the first two years of his imprisonment, he shall be allowed a deduction of five

days for each month of good behavior;

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a

deduction of eight days for each month of good behavior;

3. During the following years until the tenth year, inclusive, of his imprisonment, he shall

be allowed a deduction of ten days for each month of good behavior; and

4. During the eleventh and successive years of his imprisonment, he shall be allowed a

deduction of fifteen days for each month of good behavior.chanrobles virtual law library

chan robles virtual law library

Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of

his sentence shall be granted to any prisoner who, having evaded the service of his

sentence under the circumstances mentioned in Article 58 of this Code, gives himself up

to the authorities within 48 hours following the issuance of a proclamation announcing

the passing away of the calamity or catastrophe to in said article.chanrobles virtual law

library

Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of

Prisons shall grant allowances for good conduct. Such allowances once granted shall not

be revoked.chanrobles virtual law library

Title Five

CIVIL LIABILITY

Chapter One

PERSON CIVILLY LIABLE FOR FELONIES

Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for

a felony is also civilly liable.chanrobles virtual law library

Art. 101. Rules regarding civil liability in certain cases. — The exemption from criminal

liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of

Article 11 of this Code does not include exemption from civil liability, which shall be

enforced subject to the following rules:

First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts

committed by an imbecile or insane person, and by a person under nine years of age, or

by one over nine but under fifteen years of age, who has acted without discernment, shall

devolve upon those having such person under their legal authority or control, unless it

appears that there was no fault or negligence on their part.chanrobles virtual law library

Should there be no person having such insane, imbecile or minor under his authority,

legal guardianship or control, or if such person be insolvent, said insane, imbecile, or

minor shall respond with their own property, excepting property exempt from execution,

in accordance with the civil law.chanrobles virtual law library

Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit

the harm has been prevented shall be civilly liable in proportion to the benefit which they

may have received.chanrobles virtual law library

The courts shall determine, in sound discretion, the proportionate amount for which each

one shall be liable.chanrobles virtual law library

When the respective shares cannot be equitably determined, even approximately, or when

the liability also attaches to the Government, or to the majority of the inhabitants of the

town, and, in all events, whenever the damages have been caused with the consent of the

authorities or their agents, indemnification shall be made in the manner prescribed by

special laws or regulations.chanrobles virtual law library

Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using

violence or causing the fears shall be primarily liable and secondarily, or, if there be no

such persons, those doing the act shall be liable, saving always to the latter that part of

their property exempt from execution.chanrobles virtual law library

Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of

establishments. — In default of the persons criminally liable, innkeepers, tavernkeepers,

and any other persons or corporations shall be civilly liable for crimes committed in their

establishments, in all cases where a violation of municipal ordinances or some general or

special police regulation shall have been committed by them or their

employees.chanrobles virtual law library

Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or

theft within their houses from guests lodging therein, or for the payment of the value

thereof, provided that such guests shall have notified in advance the innkeeper himself, or

the person representing him, of the deposit of such goods within the inn; and shall

furthermore have followed the directions which such innkeeper or his representative may

have given them with respect to the care and vigilance over such goods. No liability shall

attach in case of robbery with violence against or intimidation of persons unless

committed by the innkeeper's employees.chanrobles virtual law library chan robles virtual

law library

Art. 103. Subsidiary civil liability of other persons. — The subsidiary liability established

in the next preceding article shall also apply to employers, teachers, persons, and

corporations engaged in any kind of industry for felonies committed by their servants,

pupils, workmen, apprentices, or employees in the discharge of their duties.chanrobles

virtual law library

Chapter Two

WHAT CIVIL LIABILITY INCLUDES

Art. 104. What is included in civil liability. — The civil liability established in Articles

100, 101, 102, and 103 of this Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.chanrobles virtual law library

Art. 105. Restitution; How made. — The restitution of the thing itself must be made

whenever possible, with allowance for any deterioration, or diminution of value as

determined by the court.chanrobles virtual law library

The thing itself shall be restored, even though it be found in the possession of a third

person who has acquired it by lawful means, saving to the latter his action against the

proper person, who may be liable to him.chanrobles virtual law library

This provision is not applicable in cases in which the thing has been acquired by the third

person in the manner and under the requirements which, by law, bar an action for its

recovery.chanrobles virtual law library

Art. 106. Reparation; How made. — The court shall determine the amount of damage,

taking into consideration the price of the thing, whenever possible, and its special

sentimental value to the injured party, and reparation shall be made

accordingly.chanrobles virtual law library chan robles virtual law library

Art. 107. Indemnification; What is included. — Indemnification for consequential

damages shall include not only those caused the injured party, but also those suffered by

his family or by a third person by reason of the crime.chanrobles virtual law library

Art. 108. Obligation to make restoration, reparation for damages, or indemnification for

consequential damages and actions to demand the same; Upon whom it devolves. — The

obligation to make restoration or reparation for damages and indemnification for

consequential damages devolves upon the heirs of the person liable.chanrobles virtual law

library

The action to demand restoration, reparation, and indemnification likewise descends to

the heirs of the person injured.chanrobles virtual law library

Art. 109. Share of each person civilly liable. — If there are two or more persons civilly

liable for a felony, the courts shall determine the amount for which each must

respond.chanrobles virtual law library

Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a

felony; Preference in payment. — Notwithstanding the provisions of the next preceding

article, the principals, accomplices, and accessories, each within their respective class,

shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries

for those of the other persons liable.chanrobles virtual law library

The subsidiary liability shall be enforced, first against the property of the principals; next,

against that of the accomplices, and, lastly, against that of the accessories.chanrobles

virtual law library

Whenever the liability in solidum or the subsidiary liability has been enforced, the person

by whom payment has been made shall have a right of action against the others for the

amount of their respective shares.chanrobles virtual law library

Art. 111. Obligation to make restitution in certain cases. — Any person who has

participated gratuitously in the proceeds of a felony shall be bound to make restitution in

an amount equivalent to the extent of such participation.chanrobles virtual law library

Chapter Three

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Art. 112. Extinction of civil liability. — Civil liability established in Articles 100, 101,

102, and 103 of this Code shall be extinguished in the same manner as obligations, in

accordance with the provisions of the Civil Law.

Art. 113. Obligation to satisfy civil liability. — Except in case of extinction of his civil

liability as provided in the next preceding article the offender shall continue to be obliged

to satisfy the civil liability resulting from the crime committed by him, notwithstanding

the fact that he has served his sentence consisting of deprivation of liberty or other rights,

or has not been required to serve the same by reason of amnesty, pardon, commutation of

sentence or any other reason.chanrob

ACT NO. 3815

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

(December 8, 1930)

BOOK TWO

CRIMES AND PENALTIES

Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Chapter One

CRIMES AGAINST NATIONAL SECURITY

Section One. — Treason and espionage

Art. 114. Treason. — Any person who, owing allegiance to (the United States or) the

Government of the Philippine Islands, not being a foreigner, levies war against them or

adheres to their enemies, giving them aid or comfort within the Philippine Islands or

elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to

exceed P20,000 pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least

to the same overt act or on confession of the accused in open court.chanrobles virtual law

library

Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as

defined in paragraph 1 of this Article shall be punished by prision mayor to death and

shall pay a fine not to exceed P20,000 pesos.(As amended by E.O. No. 44, May 31,

1945).

Art. 115. Conspiracy and proposal to commit treason; Penalty. — The conspiracy or

proposal to commit the crime of treason shall be punished respectively, by prision mayor

and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding

P5,000 pesos.chanrobles virtual law library

Art. 116. Misprision of treason. — Every person owing allegiance to (the United States)

the Government of the Philippine Islands, without being a foreigner, and having

knowledge of any conspiracy against them, conceals or does not disclose and make

known the same, as soon as possible to the governor or fiscal of the province, or the

mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an

accessory to the crime of treason.chanrobles virtual law library

Art. 117. Espionage. — The penalty of prision correccional shall be inflicted upon any

person who:

1. Without authority therefor, enters a warship, fort, or naval or military establishment or

reservation to obtain any information, plans, photographs, or other data of a confidential

nature relative to the defense of the Philippine Archipelago; or

2. Being in possession, by reason of the public office he holds, of the articles, data, or

information referred to in the preceding paragraph, discloses their contents to a

representative of a foreign nation.chanrobles virtual law library

The penalty next higher in degree shall be imposed if the offender be a public officer or

employee.

Section Two. — Provoking war and disloyalty in case of war

http://www.chanrobles.com/civilcodeofthephilippines.htm

Art. 118. Inciting to war or giving motives for reprisals. — The penalty of reclusion

temporal shall be imposed upon any public officer or employee, and that of prision mayor

upon any private individual, who, by unlawful or unauthorized acts provokes or gives

occasion for a war involving or liable to involve the Philippine Islands or exposes

Filipino citizens to reprisals on their persons or property.

Art. 119. Violation of neutrality. — The penalty of prision correccional shall be inflicted

upon anyone who, on the occasion of a war in which the Government is not involved,

violates any regulation issued by competent authority for the purpose of enforcing

neutrality.chanrobles virtual law library

Art. 120. Correspondence with hostile country. — Any person who in time of war, shall

have correspondence with an enemy country or territory occupied by enemy troops shall

be punished:

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if such correspondence be carried on in ciphers or conventional

signs; and

3. By reclusion temporal, if notice or information be given thereby which might be useful

to the enemy. If the offender intended to aid the enemy by giving such notice or

information, he shall suffer the penalty of reclusion temporal to death.chanrobles virtual

law library

Art. 121. Flight to enemy country. — The penalty of arresto mayor shall be inflicted upon

any person who, owing allegiance to the Government, attempts to flee or go to an enemy

country when prohibited by competent authority.

Section Three. — Piracy and mutiny on the high seas

Art. 122. Piracy in general and mutiny on the high seas. — The penalty of reclusion

temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a

vessel or, not being a member of its complement nor a passenger, shall seize the whole or

part of the cargo of said vessel, its equipment, or personal belongings of its complement

or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas.chanrobles virtual

law library

Art. 123. Qualified piracy. — The penalty of reclusion temporal to death shall be imposed

upon those who commit any of the crimes referred to in the preceding article, under any

of the following circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving

themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries or

rape.chanrobles virtual law library

Title Two

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Chapter One

ARBITRARY DETENTION OR EXPULSION, VIOLATION

OF DWELLING, PROHIBITION, INTERRUPTION, AND

DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES

AGAINST RELIGIOUS WORSHIP

Section One. — Arbitrary detention and expulsion

Art. 124. Arbitrary detention. — Any public officer or employee who, without legal

grounds, detains a person, shall suffer;

1. The penalty of arresto mayor in its maximum period to prision correccional in its

minimum period, if the detention has not exceeded three days;

2. The penalty of prision correccional in its medium and maximum periods, if the

detention has continued more than three but not more than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more than fifteen days

but not more than six months; and

4. That of reclusion temporal, if the detention shall have exceeded six months.chanrobles

virtual law library

The commission of a crime, or violent insanity or any other ailment requiring the

compulsory confinement of the patient in a hospital, shall be considered legal grounds for

the detention of any person.

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. —

The penalties provided in the next preceding article shall be imposed upon the public

officer or employee who shall detain any person for some legal ground and shall fail to

deliver such person to the proper judicial authorities within the period of; twelve (12)

hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen

(18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent

and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital

penalties, or their equivalent.chanrobles virtual law library chan robles virtual law library

In every case, the person detained shall be informed of the cause of his detention and

shall be allowed upon his request, to communicate and confer at any time with his

attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25,

1987, respectively).

Art. 126. Delaying release. — The penalties provided for in Article 124 shall be imposed

upon any public officer or employee who delays for the period of time specified therein

the performance of any judicial or executive order for the release of a prisoner or

detention prisoner, or unduly delays the service of the notice of such order to said

prisoner or the proceedings upon any petition for the liberation of such person.chanrobles

virtual law library

Art. 127. Expulsion. — The penalty of prision correccional shall be imposed upon any

public officer or employee who, not being thereunto authorized by law, shall expel any

person from the Philippine Islands or shall compel such person to change his

residence.chanrobles virtual law library

Section Two. — Violation of domicile

Art. 128. Violation of domicile. — The penalty of prision correccional in its minimum

period shall be imposed upon any public officer or employee who, not being authorized

by judicial order, shall enter any dwelling against the will of the owner thereof, search

papers or other effects found therein without the previous consent of such owner, or

having surreptitiously entered said dwelling, and being required to leave the premises,

shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects not constituting

evidence of a crime be not returned immediately after the search made by the offender,

the penalty shall be prision correccional in its medium and maximum periods.chanrobles

virtual law library

Art. 129. Search warrants maliciously obtained and abuse in the service of those legally

obtained. — In addition to the liability attaching to the offender for the commission of

any other offense, the penalty of arresto mayor in its maximum period to prision

correccional in its minimum period and a fine not exceeding P1,000 pesos shall be

imposed upon any public officer or employee who shall procure a search warrant without

just cause, or, having legally procured the same, shall exceed his authority or use

unnecessary severity in executing the same.chanrobles virtual law library

Art. 130. Searching domicile without witnesses. — The penalty of arresto mayor in its

medium and maximum periods shall be imposed upon a public officer or employee who,

in cases where a search is proper, shall search the domicile, papers or other belongings of

any person, in the absence of the latter, any member of his family, or in their default,

without the presence of two witnesses residing in the same locality.chanrobles virtual law

library

Section Three. — Prohibition, interruption

and dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. — The penalty of

prision correccional in its minimum period shall be imposed upon any public officer or

employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful

meeting, or shall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall hinder

any person from joining any lawful association or from attending any of its

meetings.chanrobles virtual law library

The same penalty shall be imposed upon any public officer or employee who shall

prohibit or hinder any person from addressing, either alone or together with others, any

petition to the authorities for the correction of abuses or redress of grievances.chanrobles

virtual law library

Section Four. — Crimes against religious worship

Art. 132. Interruption of religious worship. — The penalty of prision correccional in its

minimum period shall be imposed upon any public officer or employee who shall prevent

or disturb the ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be

prision correccional in its medium and maximum periods.chanrobles virtual law library

Art. 133. Offending the religious feelings. — The penalty of arresto mayor in its

maximum period to prision correccional in its minimum period shall be imposed upon

anyone who, in a place devoted to religious worship or during the celebration of any

religious ceremony shall perform acts notoriously offensive to the feelings of the

faithful.chanrobles virtual law library

Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter One

REBELLION, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or

insurrection is committed by rising publicly and taking arms against the Government for

the purpose of removing from the allegiance to said Government or its laws, the territory

of the Philippine Islands or any part thereof, of any body of land, naval or other armed

forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of

their powers or prerogatives. (As amended by R.A. 6968).

Article 134-A. Coup d'etat; How committed. — The crime of coup d'etat is a swift attack

accompanied by violence, intimidation, threat, strategy or stealth, directed against duly

constituted authorities of the Republic of the Philippines, or any military camp or

installation, communications network, public utilities or other facilities needed for the

exercise and continued possession of power, singly or simultaneously carried out

anywhere in the Philippines by any person or persons, belonging to the military or police

or holding any public office of employment with or without civilian support or

participation for the purpose of seizing or diminishing state power. (As amended by R.A.

6968).

Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person who promotes,

maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion

perpetua.chanrobles virtual law library

Any person merely participating or executing the commands of others in a rebellion shall

suffer the penalty of reclusion temporal.chanrobles virtual law library

Any person who leads or in any manner directs or commands others to undertake a coup

d'etat shall suffer the penalty of reclusion perpetua.chanrobles virtual law library

Any person in the government service who participates, or executes directions or

commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor

in its maximum period.chanrobles virtual law library

Any person not in the government service who participates, or in any manner supports,

finances, abets or aids in undertaking a coup d'etatshall suffer the penalty of reclusion

temporal in its maximum period.chanrobles virtual law library

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown

leaders, any person who in fact directed the others, spoke for them, signed receipts and

other documents issued in their name, as performed similar acts, on behalf or the rebels

shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by

R.A. 6968, approved on October 24, 1990).

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. —

The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in

minimum period and a fine which shall not exceed eight thousand pesos

(P8,000.00).chanrobles virtual law library

The conspiracy and proposal to commit rebellion or insurrection shall be punished

respectively, by prision correccional in its maximum period and a fine which shall not

exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period

and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968,

approved October 24, 1990).

Art. 137. Disloyalty of public officers or employees. — The penalty of prision

correccional in its minimum period shall be imposed upon public officers or employees

who have failed to resist a rebellion by all the means in their power, or shall continue to

discharge the duties of their offices under the control of the rebels or shall accept

appointment to office under them. (Reinstated by E.O. No. 187).

Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its

minimum period shall be imposed upon any person who, without taking arms or being in

open hostility against the Government, shall incite others to the execution of any of the

acts specified in article 134 of this Code, by means of speeches, proclamations, writings,

emblems, banners or other representations tending to the same end.(Reinstated by E.O.

No. 187).

Art. 139. Sedition; How committed. — The crime of sedition is committed by persons

who rise publicly and tumultuously in order to attain by force, intimidation, or by other

means outside of legal methods, any of the following objects:

1. To prevent the promulgation or execution of any law or the holding of any popular

election;

2. To prevent the National Government, or any provincial or municipal government or

any public officer thereof from freely exercising its or his functions, or prevent the

execution of any administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer

or employee;

4. To commit, for any political or social end, any act of hate or revenge against private

persons or any social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the

National Government (or the Government of the United States), of all its property or any

part thereof.chanrobles virtual law library

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of

prision mayor in its minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its

maximum period and a fine not exceeding 5,000 pesos.(Reinstated by E.O. No. 187).

Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime of

sedition shall be punished by prision correccional in its medium period and a fine not

exceeding 2,000 pesos. (Reinstated by E.O. No. 187).

Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum

period and a fine not exceeding 2,000 pesos shall be imposed upon any person who,

without taking any direct part in the crime of sedition, should incite others to the

accomplishment of any of the acts which constitute sedition, by means of speeches,

proclamations, writings, emblems, cartoons, banners, or other representations tending to

the same end, or upon any person or persons who shall utter seditious words or speeches,

write, publish, or circulate scurrilous libels against the Government (of the United States

or the Government of the Commonwealth) of the Philippines, or any of the duly

constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in

executing the functions of his office, or which tend to instigate others to cabal and meet

together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots,

or which lead or tend to stir up the people against the lawful authorities or to disturb the

peace of the community, the safety and order of the Government, or who shall knowingly

conceal such evil practices. (Reinstated by E.O. No. 187).

Chapter Two

CRIMES AGAINST POPULAR REPRESENTATION

Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. — The

penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be

imposed upon any person who, by force or fraud, prevents the meeting of the National

Assembly (Congress of the Philippines) or of any of its committees or subcommittees,

constitutional commissions or committees or divisions thereof, or of any provincial board

or city or municipal council or board. (Reinstated by E.O. No. 187).

Art. 144. Disturbance of proceedings. — The penalty of arresto mayor or a fine from 200

to 1,000 pesos shall be imposed upon any person who disturbs the meetings of the

National Assembly (Congress of the Philippines) or of any of its committees or

subcommittees, constitutional commissions or committees or divisions thereof, or of any

provincial board or city or municipal council or board, or in the presence of any such

bodies should behave in such manner as to interrupt its proceedings or to impair the

respect due it. (Reinstated by E.O. No. 187).

Section Two. — Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity. — The penalty of prision mayor shall be

imposed upon any person who shall use force, intimidation, threats, or fraud to prevent

any member of the National Assembly (Congress of the Philippines) from attending the

meetings of the Assembly (Congress) or of any of its committees or subcommittees,

constitutional commissions or committees or divisions thereof, from expressing his

opinions or casting his vote; and the penalty of prision correccional shall be imposed

upon any public officer or employee who shall, while the Assembly (Congress) is in

regular or special session, arrest or search any member thereof, except in case such

member has committed a crime punishable under this Code by a penalty higher than

prision mayor.

Chapter Three

ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. — The penalty of prision correccional in its maximum period

to prision mayor in its medium period shall be imposed upon the organizers or leaders of

any meeting attended by armed persons for the purpose of committing any of the crimes

punishable under this Code, or of any meeting in which the audience is incited to the

commission of the crime of treason, rebellion or insurrection, sedition or assault upon a

person in authority or his agents. Persons merely present at such meeting shall suffer the

penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision

correccional. chan robles virtual law library

If any person present at the meeting carries an unlicensed firearm, it shall be presumed

that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable

under this Code, and he shall be considered a leader or organizer of the meeting within

the purview of the preceding paragraph.chanrobles virtual law library

As used in this article, the word "meeting" shall be understood to include a gathering or

group, whether in a fixed place or moving. (Reinstated by E.O. No. 187).

Art. 147. Illegal associations. — The penalty of prision correccional in its minimum and

medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the

founders, directors, and presidents of associations totally or partially organized for the

purpose of committing any of the crimes punishable under this Code or for some purpose

contrary to public morals. Mere members of said associations shall suffer the penalty of

arresto mayor. (Reinstated by E.O. No. 187).

Chapter Four

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE

TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults. — Any person or persons who, without a public uprising, shall

employ force or intimidation for the attainment of any of the purpose enumerated in

defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously

intimidate or resist any person in authority or any of his agents, while engaged in the

performance of official duties, or on occasion of such performance, shall suffer the

penalty of prision correccional in its medium and maximum periods and a fine not

exceeding P1,000 pesos, when the assault is committed with a weapon or when the

offender is a public officer or employee, or when the offender lays hands upon a person in

authority. If none of these circumstances be present, the penalty of prision correccional in

its minimum period and a fine not exceeding P500 pesos shall be imposed.

Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and

medium periods and a fine not exceeding P500 pesos shall be imposed upon any person

who shall make use of force or intimidation upon any person coming to the aid of the

authorities or their agents on occasion of the commission of any of the crimes defined in

the next preceding article.chanrobles virtual law library

Art. 150. Disobedience to summons issued by the National Assembly, its committees or

subcommittees, by the Constitutional Commissions, its committees, subcommittees or

divisions. — The penalty of arresto mayor or a fine ranging from two hundred to one

thousand pesos, or both such fine and imprisonment shall be imposed upon any person

who, having been duly summoned to attend as a witness before the National Assembly,

(Congress), its special or standing committees and subcommittees, the Constitutional

Commissions and its committees, subcommittees, or divisions, or before any commission

or committee chairman or member authorized to summon witnesses, refuses, without

legal excuse, to obey such summons, or being present before any such legislative or

constitutional body or official, refuses to be sworn or placed under affirmation or to

answer any legal inquiry or to produce any books, papers, documents, or records in his

possession, when required by them to do so in the exercise of their functions. The same

penalty shall be imposed upon any person who shall restrain another from attending as a

witness, or who shall induce disobedience to a summon or refusal to be sworn by any

such body or official.chanrobles virtual law library

Art. 151. Resistance and disobedience to a person in authority or the agents of such

person. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be

imposed upon any person who not being included in the provisions of the preceding

articles shall resist or seriously disobey any person in authority, or the agents of such

person, while engaged in the performance of official duties.chanrobles virtual law library

When the disobedience to an agent of a person in authority is not of a serious nature, the

penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon

the offender.chanrobles virtual law library

Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as

such. — In applying the provisions of the preceding and other articles of this Code, any

person directly vested with jurisdiction, whether as an individual or as a member of some

court or governmental corporation, board, or commission, shall be deemed a person in

authority. A barrio captain and a barangay chairman shall also be deemed a person in

authority.chanrobles virtual law library

A person who, by direct provision of law or by election or by appointment by competent

authority, is charged with the maintenance of public order and the protection and security

of life and property, such as a barrio councilman, barrio policeman and barangay leader

and any person who comes to the aid of persons in authority, shall be deemed an agent of

a person in authority.chanrobles virtual law library

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and

persons charged with the supervision of public or duly recognized private schools,

colleges and universities, and lawyers in the actual performance of their professional

duties or on the occasion of such performance, shall be deemed persons in authority. (As

amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985).

Chapter Five

PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or

interruption liable to cause disturbance. — The penalty of arresto mayor in its medium

period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos

shall be imposed upon any person who shall cause any serious disturbance in a public

place, office, or establishment, or shall interrupt or disturb public performances, functions

or gatherings, or peaceful meetings, if the act is not included in the provisions of Articles

131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance

or interruption of a tumultuous character.chanrobles virtual law library

The disturbance or interruption shall be deemed to be tumultuous if caused by more than

three persons who are armed or provided with means of violence.chanrobles virtual law

library

The penalty of arresto mayor shall be imposed upon any person who in any meeting,

association, or public place, shall make any outcry tending to incite rebellion or sedition

or in such place shall display placards or emblems which provoke a disturbance of the

public order.chanrobles virtual law library

The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon

these persons who in violation of the provisions contained in the last clause of Article 85,

shall bury with pomp the body of a person who has been legally executed.chanrobles

virtual law library

Art. 154. Unlawful use of means of publication and unlawful utterances. — The penalty

of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication

shall publish or cause to be published as news any false news which may endanger the

public order, or cause damage to the interest or credit of the State;

2. Any person who by the same means, or by words, utterances or speeches shall

encourage disobedience to the law or to the constituted authorities or praise, justify, or

extol any act punished by law;

3. Any person who shall maliciously publish or cause to be published any official

resolution or document without proper authority, or before they have been published

officially; or

4. Any person who shall print, publish, or distribute or cause to be printed, published, or

distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's

name, or which are classified as anonymous.chanrobles virtual law library

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding

P200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket,

firecracker, or other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other

disorderly meeting offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other

nocturnal amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal

in public places, provided that the circumstances of the case shall not make the provisions

of Article 153 applicable.chanrobles virtual law library

Art. 156. Delivery of prisoners from jails. — The penalty of arresto mayor in its

maximum period of prision correccional in its minimum period shall be imposed upon

any person who shall remove from any jail or penal establishment any person confined

therein or shall help the escape of such person, by means of violence, intimidation, or

bribery. If other means are used, the penalty of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the

guards by surprise, the same penalties shall be imposed in their minimum


Chapter Six

EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence. — The penalty of prision correccional in its

medium and maximum periods shall be imposed upon any convict who shall evade

service of his sentence by escaping during the term of his imprisonment by reason of final

judgment. However, if such evasion or escape shall have taken place by means of

unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using

picklocks, false keys, deceit, violence or intimidation, or through connivance with other

convicts or employees of the penal institution, the penalty shall be prision correccional in

its maximum period.

Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations,

earthquakes, or other calamities. — A convict who shall evade the service of his sentence,

by leaving the penal institution where he shall have been confined, on the occasion of

disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or

during a mutiny in which he has not participated, shall suffer an increase of one-fifth of

the time still remaining to be served under the original sentence, which in no case shall

exceed six months, if he shall fail to give himself up to the authorities within forty-eight

hours following the issuance of a proclamation by the Chief Executive announcing the

passing away of such calamity.chanrobles virtual law library

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give

themselves up to the authorities within the above mentioned period of 48 hours, shall be

entitled to the deduction provided in Article 98.chanrobles virtual law library

Art. 159. Other cases of evasion of service of sentence. — The penalty of prision

correccional in its minimum period shall be imposed upon the convict who, having been

granted conditional pardon by the Chief Executive, shall violate any of the conditions of

such pardon. However, if the penalty remitted by the granting of such pardon be higher

than six years, the convict shall then suffer the unexpired portion of his original


Chapter Seven

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED

FOR ANOTHER PREVIOUS OFFENSE

Art. 160. Commission of another crime during service of penalty imposed for another

offense; Penalty. — Besides the provisions of Rule 5 of Article 62, any person who shall

commit a felony after having been convicted by final judgment, before beginning to serve

such sentence, or while serving the same, shall be punished by the maximum period of

the penalty prescribed by law for the new felony. chan robles virtual law library

Any convict of the class referred to in this article, who is not a habitual criminal, shall be

pardoned at the age of seventy years if he shall have already served out his original

sentence, or when he shall complete it after reaching the said age, unless by reason of his

conduct or other circumstances he shall not be worthy of such clemency.chanrobles

virtual law library

Title Four

CRIMES AGAINST PUBLIC INTEREST

Chapter One

FORGERIES

Section One. — Forging the seal of the Government of the

Philippine Islands, the signature or stamp of the Chief Executive.chanrobles virtual law

library

Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands,

forging the signature or stamp of the Chief Executive.— The penalty of reclusion

temporal shall be imposed upon any person who shall forge the Great Seal of the

Government of the Philippine Islands or the signature or stamp of the Chief

Executive.chanrobles virtual law library

Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty of prision

mayor shall be imposed upon any person who shall knowingly make use of the

counterfeit seal or forged signature or stamp mentioned in the preceding

article.chanrobles virtual law library

Section Two. — Counterfeiting Coins

Art. 163. Making and importing and uttering false coins. — Any person who makes,

imports, or utters, false coins, in connivance with counterfeiters, or importers, shall

suffer:

1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000

pesos, if the counterfeited coin be silver coin of the Philippines or coin of the Central

Bank of the Philippines of ten centavo denomination or above.chanrobles virtual law

library

2. Prision correccional in its minimum and medium periods and a fine of not to exceed

P2,000 pesos, if the counterfeited coins be any of the minor coinage of the Philippines or

of the Central Bank of the Philippines below ten-centavo denomination.chanrobles virtual

law library

3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the

counterfeited coin be currency of a foreign country.(As amended by R.A. No. 4202,

approved June 19, 1965).

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. — The

penalty of prision correccional in its minimum period and a fine not to exceed P2,000

pesos shall be imposed upon any person who shall mutilate coins of the legal currency of

the United States or of the Philippine Islands or import or utter mutilated current coins, or

in connivance with mutilators or importers.

Art. 165. Selling of false or mutilated coin, without connivance. — The person who

knowingly, although without the connivance mentioned in the preceding articles, shall

possess false or mutilated coin with intent to utter the same, or shall actually utter such

coin, shall suffer a penalty lower by one degree than that prescribed in said

articles.chanrobles virtual law library

Section Three. — Forging treasury or bank notes, obligations and securities; importing

and uttering false or forged notes,

obligations and securities.chanrobles virtual law library

Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing,

and uttering such false or forged notes and documents. — The forging or falsification of

treasury or bank notes or certificates or other obligations and securities payable to bearer

and the importation and uttering in connivance with forgers or importers of such false or

forged obligations or notes, shall be punished as follows:

1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if

the document which has been falsified, counterfeited, or altered, is an obligations or

security of the United States or of the Philippines Islands.chanrobles virtual law library

The word "obligation or security of the United States or of the Philippine Islands" shall be

held to mean all bonds, certificates of indebtedness, national bank notes, fractional notes,

certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized

officers of the United States or of the Philippine Islands, and other representatives of

value, of whatever denomination, which have been or may be issued under any act of the

Congress of the United States or of the Philippine Legislature.chanrobles virtual law

library

2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the

falsified or altered document is a circulating note issued by any banking association duly

authorized by law to issue the same.chanrobles virtual law library

3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the

falsified or counterfeited document was issued by a foreign government.chanrobles

virtual law library

4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when

the forged or altered document is a circulating note or bill issued by a foreign bank duly

authorized therefor.chanrobles virtual law library

Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. —

Any person who shall forge, import or utter, in connivance with the forgers or importers,

any instrument payable to order or other document of credit not payable to bearer, shall

suffer the penalties of prision correccional in its medium and maximum periods and a fine

not exceeding P6,000 pesos.

Art. 168. Illegal possession and use of false treasury or bank notes and other instruments

of credit. — Unless the act be one of those coming under the provisions of any of the

preceding articles, any person who shall knowingly use or have in his possession, with

intent to use any of the false or falsified instruments referred to in this section, shall suffer

the penalty next lower in degree than that prescribed in said articles.chanrobles virtual

law library

Art. 169. How forgery is committed. — The forgery referred to in this section may be

committed by any of the following means:

1. By giving to a treasury or bank note or any instrument, payable to bearer or order

mentioned therein, the appearance of a true genuine document.chanrobles virtual law

library

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters,

words or signs contained therein.chanrobles virtual law library

Section Four. — Falsification of legislative, public, commercial, and privatedocuments,

and wireless, telegraph, and telephone message.chanrobles virtual law library

Art. 170. Falsification of legislative documents. — The penalty of prision correccional in

its maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any

person who, without proper authority therefor alters any bill, resolution, or ordinance

enacted or approved or pending approval by either House of the Legislature or any

provincial board or municipal council.

Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. —

The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed

upon any public officer, employee, or notary who, taking advantage of his official

position, shall falsify a document by committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they

did not in fact so participate;

3. Attributing to persons who have participated in an act or proceeding statements other

than those in fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which changes its

meaning;

7. Issuing in an authenticated form a document purporting to be a copy of an original

document when no such original exists, or including in such a copy a statement contrary

to, or different from, that of the genuine original; or

8. Intercalating any instrument or note relative to the issuance thereof in a protocol,

registry, or official book.chanrobles virtual law library

The same penalty shall be imposed upon any ecclesiastical minister who shall commit

any of the offenses enumerated in the preceding paragraphs of this article, with respect to

any record or document of such character that its falsification may affect the civil status

of persons.

Art. 172. Falsification by private individual and use of falsified documents.— The

penalty of prision correccional in its medium and maximum periods and a fine of not

more than P5,000 pesos shall be imposed upon:

1. Any private individual who shall commit any of the falsifications enumerated in the

next preceding article in any public or official document or letter of exchange or any

other kind of commercial document; and

2. Any person who, to the damage of a third party, or with the intent to cause such

damage, shall in any private document commit any of the acts of falsification enumerated

in the next preceding article.chanrobles virtual law library

Any person who shall knowingly introduce in evidence in any judicial proceeding or to

the damage of another or who, with the intent to cause such damage, shall use any of the

false documents embraced in the next preceding article, or in any of the foregoing

subdivisions of this article, shall be punished by the penalty next lower in degree.

Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of

said falsified messages. — The penalty of prision correccional in its medium and

maximum periods shall be imposed upon officer or employee of the Government or of

any private corporation or concern engaged in the service of sending or receiving

wireless, cable or telephone message who utters a fictitious wireless, telegraph or

telephone message of any system or falsifies the same.chanrobles virtual law library

Any person who shall use such falsified dispatch to the prejudice of a third party or with

the intent of cause such prejudice, shall suffer the penalty next lower in degree.chanrobles

virtual law library

Section Five. — Falsification of medical certificates,

certificates of merit or services and the like.chanrobles virtual law library

Art. 174. False medical certificates, false certificates of merits or service, etc. — The

penalties of arresto mayor in its maximum period to prision correccional in its minimum

period and a fine not to exceed P1,000 pesos shall be imposed upon:

1. Any physician or surgeon who, in connection, with the practice of his profession, shall

issue a false certificate; and

2. Any public officer who shall issue a false certificate of merit of service, good conduct

or similar circumstances.chanrobles virtual law library

The penalty of arresto mayor shall be imposed upon any private person who shall falsify a

certificate falling within the classes mentioned in the two preceding subdivisions.

Art. 175. Using false certificates. — The penalty of arresto menor shall be imposed upon

any one who shall knowingly use any of the false certificates mentioned in the next

preceding article.chanrobles virtual law library

Section Six. — Manufacturing, importing and possession of instruments or implements

intended for the commission of falsification.chanrobles virtual law library

Art. 176. Manufacturing and possession of instruments or implements for falsification. —

The penalty of prision correccional in its medium and maximum periods and a fine not to

exceed P10,000 pesos shall be imposed upon any person who shall make or introduce into

the Philippine Islands any stamps, dies, marks, or other instruments or implements

intended to be used in the commission of the offenses of counterfeiting or falsification

mentioned in the preceding sections of this Chapter. chan robles virtual law library

Any person who, with the intention of using them, shall have in his possession any of the

instruments or implements mentioned in the preceding paragraphs, shall suffer the penalty

next lower in degree than that provided therein.chanrobles virtual law library

Chapter Two

OTHER FALSIFICATIONS

Sec. One. — Usurpation of authority, rank, title, and improper use of names, uniforms

and insignia.chanrobles virtual law library

Art. 177. Usurpation of authority or official functions. — Any person who shall

knowingly and falsely represent himself to be an officer, agent or representative of any

department or agency of the Philippine Government or of any foreign government, or

who, under pretense of official position, shall perform any act pertaining to any person in

authority or public officer of the Philippine Government or any foreign government, or

any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of

prision correccional in its minimum and medium periods.

Art. 178. Using fictitious name and concealing true name. — The penalty of arresto

mayor and a fine not to exceed 500 pesos shall be imposed upon any person who shall

publicly use a fictitious name for the purpose of concealing a crime, evading the

execution of a judgment or causing damage.chanrobles virtual law library

Any person who conceals his true name and other personal circumstances shall be

punished by arresto menor or a fine not to exceed 200 pesos.chanrobles virtual law library

Art. 179. Illegal use of uniforms or insignia. — The penalty of arresto mayor shall be

imposed upon any person who shall publicly and improperly make use of insignia,

uniforms or dress pertaining to an office not held by such person or to a class of persons

of which he is not a member.chanrobles virtual law library

Section Two. — False testimony

Art. 180. False testimony against a defendant. — Any person who shall give false

testimony against the defendant in any criminal case shall suffer:

1. The penalty of reclusion temporal, if the defendant in said case shall have been

sentenced to death;

2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion

temporal or reclusion perpetua;

3. The penalty of prision correccional, if the defendant shall have been sentenced to any

other afflictive penalty; and

4. The penalty of arresto mayor, if the defendant shall have been sentenced to a

correctional penalty or a fine, or shall have been acquitted.chanrobles virtual law library

In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a

fine not to exceed 1,000 pesos.

Art. 181. False testimony favorable to the defendants. — Any person who shall give false

testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto

mayor in its maximum period to prision correccional in its minimum period a fine not to

exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty,

and the penalty of arresto mayor in any other case.chanrobles virtual law library

Art. 182. False testimony in civil cases. — Any person found guilty of false testimony in

a civil case shall suffer the penalty of prision correccional in its minimum period and a

fine not to exceed 6,000 pesos, if the amount in controversy shall exceed 5,000 pesos, and

the penalty of arresto mayor in its maximum period to prision correccional in its

minimum period and a fine not to exceed 1,000 pesos, if the amount in controversy shall

not exceed said amount or cannot be estimated.chanrobles virtual law library

Art. 183. False testimony in other cases and perjury in solemn affirmation.— The penalty

of arresto mayor in its maximum period to prision correccional in its minimum period

shall be imposed upon any person, who knowingly makes untruthful statements and not

being included in the provisions of the next preceding articles, shall testify under oath, or

make an affidavit, upon any material matter before a competent person authorized to

administer an oath in cases in which the law so requires.chanrobles virtual law library

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit

any of the falsehoods mentioned in this and the three preceding articles of this section,

shall suffer the respective penalties provided therein.chanrobles virtual law library

Art. 184. Offering false testimony in evidence. — Any person who shall knowingly offer

in evidence a false witness or testimony in any judicial or official proceeding, shall be

punished as guilty of false testimony and shall suffer the respective penalties provided in

this section.chanrobles virtual law library

Chapter Three

F R A U D S

Section One. — Machinations, monopolies and combinations

Art. 185. Machinations in public auctions. — Any person who shall solicit any gift or

promise as a consideration for refraining from taking part in any public auction, and any

person who shall attempt to cause bidders to stay away from an auction by threats, gifts,

promises, or any other artifice, with intent to cause the reduction of the price of the thing

auctioned, shall suffer the penalty of prision correccional in its minimum period and a

fine ranging from 10 to 50 per centum of the value of the thing auctioned.

Art. 186. Monopolies and combinations in restraint of trade. — The penalty of prision

correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both,

shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take part in any

conspiracy or combination in the form of a trust or otherwise, in restraint of trade or

commerce or to prevent by artificial means free competition in the market;

2. Any person who shall monopolize any merchandise or object of trade or commerce, or

shall combine with any other person or persons to monopolize and merchandise or object

in order to alter the price thereof by spreading false rumors or making use of any other

article to restrain free competition in the market;

3. Any person who, being a manufacturer, producer, or processor of any merchandise or

object of commerce or an importer of any merchandise or object of commerce from any

foreign country, either as principal or agent, wholesaler or retailer, shall combine,

conspire or agree in any manner with any person likewise engaged in the manufacture,

production, processing, assembling or importation of such merchandise or object of

commerce or with any other persons not so similarly engaged for the purpose of making

transactions prejudicial to lawful commerce, or of increasing the market price in any part

of the Philippines, of any such merchandise or object of commerce manufactured,

produced, processed, assembled in or imported into the Philippines, or of any article in

the manufacture of which such manufactured, produced, or imported merchandise or

object of commerce is used.chanrobles virtual law library

If the offense mentioned in this article affects any food substance, motor fuel or

lubricants, or other articles of prime necessity, the penalty shall be that of prision mayor

in its maximum and medium periods it being sufficient for the imposition thereof that the

initial steps have been taken toward carrying out the purposes of the combination.

Any property possessed under any contract or by any combination mentioned in the

preceding paragraphs, and being the subject thereof, shall be forfeited to the Government

of the Philippines.chanrobles virtual law library

Whenever any of the offenses described above is committed by a corporation or

association, the president and each one of its agents or representatives in the Philippines

in case of a foreign corporation or association, who shall have knowingly permitted or

failed to prevent the commission of such offense, shall be held liable as principals

thereof.chanrobles virtual law library

Section Two. — Frauds in commerce and industry

Art. 187. Importation and disposition of falsely marked articles or merchandise made of

gold, silver, or other precious metals or their alloys. — The penalty of prision

correccional or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed on any

person who shall knowingly import or sell or dispose of any article or merchandise made

of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks

which fail to indicate the actual fineness or quality of said metals or alloys.

Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of

the article on which it is engraved, printed, stamped, labeled or attached, when the rest of

the article shows that the quality or fineness thereof is less by more than one-half karat, if

made of gold, and less by more than four one-thousandth, if made of silver, than what is

shown by said stamp, brand, label or mark. But in case of watch cases and flatware made

of gold, the actual fineness of such gold shall not be less by more than three one-

thousandth than the fineness indicated by said stamp, brand, label, or mark.chanrobles

virtual law library

Art. 188. Subsisting and altering trade-mark, trade-names, or service marks. — The

penalty of prision correccional in its minimum period or a fine ranging from 50 to 2,000

pesos, or both, shall be imposed upon:

1. Any person who shall substitute the trade name or trade-mark of some other

manufacturer or dealer or a colorable imitation thereof, for the trademark of the real

manufacturer or dealer upon any article of commerce and shall sell the same;

2. Any person who shall sell such articles of commerce or offer the same for sale,

knowing that the trade-name or trade- mark has been fraudulently used in such goods as

described in the preceding subdivision;

3. Any person who, in the sale or advertising of his services, shall use or substitute the

service mark of some other person, or a colorable imitation of such mark; or

4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service

mark of a person is to be used, prints, lithographs, or in any way reproduces such trade-

name, trade-mark, or service mark, or a colorable imitation thereof, for another person, to

enable that other person to fraudulently use such trade-name, trade-mark, or service mark

on his own goods or in connection with the sale or advertising of his services.chanrobles

virtual law library

A trade-name or trade-mark as herein used is a word or words, name, title, symbol,

emblem, sign or device, or any combination thereof used as an advertisement, sign, label,

poster, or otherwise, for the purpose of enabling the public to distinguish the business of

the person who owns and uses said trade-name or trade-mark.

A service mark as herein used is a mark used in the sale or advertising of services to

identify the services of one person and distinguish them from the services of others and

includes without limitation the marks, names, symbols, titles, designations, slogans,

character names, and distinctive features of radio or other advertising.chanrobles virtual

law library

Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service

mark, fraudulent designation of origin, and false description. — The penalty provided in

the next proceeding article shall be imposed upon:

1. Any person who, in unfair competition and for the purposes of deceiving or defrauding

another of his legitimate trade or the public in general, shall sell his goods giving them

the general appearance of goods of another manufacturer or dealer, either as to the goods

themselves, or in the wrapping of the packages in which they are contained or the device

or words thereon or in any other features of their appearance which would be likely to

induce the public to believe that the goods offered are those of a manufacturer or dealer

other than the actual manufacturer or dealer or shall give other persons a chance or

opportunity to do the same with a like purpose.chanrobles virtual law library

2. Any person who shall affix, apply, annex or use in connection with any goods or

services or any container or containers for goods a false designation of origin or any false

description or representation and shall sell such goods or services.chanrobles virtual law

library

3. Any person who by means of false or fraudulent representation or declarations orally or

in writing or by other fraudulent means shall procure from the patent office or from any

other office which may hereafter be established by law for the purposes the registration of

a trade-name, trade-mark or service mark or of himself as the owner of such trade-name,

trade-mark or service mark or an entry respecting a trade-name, trade-mark or service

mark.chanrobles virtual law library

Title Five

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

[Art. 190. Possession, preparation and use of prohibited drugs and maintenance of opium

dens. — The penalty of arresto mayor in its medium period to prision correccional in its

minimum period and a fine ranging from 300 to 1,000 pesos shall be imposed upon:

1. Anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise

use any prohibited drug.chanrobles virtual law library

"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine, Indian

hemp, their derivatives, and all preparations made from them or any of them, and such

other drugs, whether natural or synthetic, having physiological action as a narcotic

drug.chanrobles virtual law library

"Opium" embraces every kind, class, and character of opium, whether crude or prepared;

the ashes on refuse of the same; narcotic preparations thereof or therefrom; morphine or

any alkaloid of opium, preparation in which opium, morphine or any kind of opium, enter

as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared

or not for their use.chanrobles virtual law library chan robles virtual law library

"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang,

guaza, churruz, and ganjah embraces every kind, class and character of Indian hemp,

whether dried or fresh, flowering or fruiting tops of the pistillate plant cannabis satival,

from which the resin has not been extracted, including all other geographic varieties

whether used as reefers, resin, extract, tincture or in any other form

whatsoever.chanrobles virtual law library

By narcotic drug is meant a drug that produces a condition of insensibility and

melancholy dullness of mind with delusions and may be habit-forming.chanrobles virtual

law library

2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any

form, in violation of the law.]

[Art. 191. Keeper, watchman and visitor of opium den. — The penalty of arresto mayor

and a fine ranging from 100 to 300 pesos shall be imposed upon:

1. Anyone who shall act as a keeper or watchman of a dive or resort where any prohibited

drug is used in any manner contrary to law; and

2. Any person who, not being included in the provisions of the next preceding article,

shall knowingly visit any dive or resort of the character referred to above.]

[Art. 192. Importation and sale of prohibited drugs. — The penalty of prision correccional

in its medium and maximum periods and a fine ranging from 300 to 10,000 pesos shall be

imposed upon any person who shall import or bring into the Philippine Islands any

prohibited drug.]

[The same penalty shall be imposed upon any person who shall unlawfully sell or deliver

to another prohibited drug.]

[Art. 193. Illegal possession of opium pipe or other paraphernalia for the use of any

prohibited drug. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall

be imposed upon any person who, not being authorized by law, shall possess any opium

pipe or other paraphernalia for smoking, injecting, administering or using opium or any

prohibited drug.chanrobles virtual law library

[The illegal possession of an opium pipe or other paraphernalia for using any other

prohibited drug shall be prima facie evidence that its possessor has used said drug.]

[Art. 194. Prescribing opium unnecessary for a patient. — The penalty of prision

correccional or a fine ranging from 300 to 10,000 pesos, or both shall be imposed upon

any physician or dentist who shall prescribe opium for any person whose physical

condition does not require the use of the same.]

Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter One

GAMBLING AND BETTING

Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto mayor or a

fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto

mayor or a fine ranging from two hundred or six thousand pesos, shall be imposed upon:

1. Any person other than those referred to in subsections (b) and (c) who, in any manner

shall directly, or indirectly take part in any game of monte, jueteng or any other form of

lottery, policy, banking, or percentage game, dog races, or any other game of scheme the

result of which depends wholly or chiefly upon chance or hazard; or wherein wagers

consisting of money, articles of value or representative of value are made; or in the

exploitation or use of any other mechanical invention or contrivance to determine by

chance the loser or winner of money or any object or representative of value.chanrobles

virtual law library

2. Any person who shall knowingly permit any form of gambling referred to in the

preceding subdivision to be carried on in any unhabited or uninhabited place of any

building, vessel or other means of transportation owned or controlled by him. If the place

where gambling is carried on has the reputation of a gambling place or that prohibited

gambling is frequently carried on therein, the culprit shall be punished by the penalty

provided for in this article in its maximum period.chanrobles virtual law library

(b) The penalty of prision correccional in its maximum degree shall be imposed upon the

maintainer, conductor, or banker in a game of jueteng or any similar game.

(c) The penalty of prision correccional in its medium degree shall be imposed upon any

person who shall, knowingly and without lawful purpose, have in his possession and

lottery list, paper or other matter containing letters, figures, signs or symbols which

pertain to or are in any manner used in the game of jueteng or any similar game which has

taken place or about to take place.chanrobles virtual law library

Art. 196. Importation, sale and possession of lottery tickets or advertisements. — The

penalty of arresto mayor in its maximum period to prision correccional in its minimum

period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court,

shall be imposed upon any person who shall import into the Philippine Islands from any

foreign place or port any lottery ticket or advertisement or, in connivance with the

importer, shall sell or distribute the same.chanrobles virtual law library

Any person who shall knowingly and with intent to use them, have in his possession

lottery tickets or advertisements, or shall sell or distribute the same without connivance

with the importer of the same, shall be punished by arresto menor, or a fine not exceeding

200 pesos, or both, in the discretion of the court.chanrobles virtual law library

The possession of any lottery ticket or advertisement shall be prima facie evidence of an

intent to sell, distribute or use the same in the Philippine Islands.chanrobles virtual law

library

Art. 197. Betting in sports contests. — The penalty of arresto menor or a fine not

exceeding 200 pesos, or both, shall be imposed upon any person who shall bet money or

any object or article of value or representative of value upon the result of any boxing or

other sports contests.chanrobles virtual law library

Art. 198. Illegal betting on horse race. — The penalty of arresto menor or a fine not

exceeding 200 pesos, or both, shall be imposed upon any person who except during the

period allowed by law, shall be on horse races. The penalty of arresto mayor or a fine

ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, under

the same circumstances, shall maintain or employ a totalizer or other device or scheme

for betting on horse races or realizing any profit therefrom.chanrobles virtual law library

For the purposes of this article, any race held in the same day at the same place shall be

held punishable as a separate offense, and if the same be committed by any partnership,

corporation or association, the president and the directors or managers thereof shall be

deemed to be principals in the offense if they have consented to or knowingly tolerated its

commission.chanrobles virtual law library

Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not exceeding

200 pesos, or both, in the discretion of the court, shall be imposed upon:

1. Any person who directly or indirectly participates in cockfights, by betting money or

other valuable things, or who organizes cockfights at which bets are made, on a day other

than those permitted by law.chanrobles virtual law library

2. Any person who directly or indirectly participates in cockfights, at a place other than a

licensed cockpit.chanrobles virtual law library

(Click here for the full text ofPRESIDENTIAL DECREE NO. 1602

SIMPLIFYING AND PROVIDING STIFFER PENALTIES FORVIOLATIONS OF PHILIPPINE GAMBLING LAWS)

Chapter Two

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Art. 200. Grave scandal. — The penalties of arresto mayor and public censure shall be

imposed upon any person who shall offend against decency or good customs by any

highly scandalous conduct not expressly falling within any other article of this Code.

Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. —

The penalty of prision mayor or a fine ranging from six thousand to twelve thousand

pesos, or both such imprisonment and fine, shall be imposed upon:

(1) Those who shall publicly expound or proclaim doctrines openly contrary to public

morals;

(2) (a) the authors of obscene literature, published with their knowledge in any form; the

editors publishing such literature; and the owners/operators of the establishment selling

the same;

(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or

http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm#Presidential%20Decree%20No.%201602




immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by

virtue hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve

no other purpose but to satisfy the market for violence, lust or pornography; (3) offend

any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are

contrary to law, public order, morals, and good customs, established policies, lawful

orders, decrees and edicts;

(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or

literature which are offensive to morals. (As amended by PD Nos. 960 and 969).

Art. 202. Vagrants and prostitutes; penalty. — The following are vagrants:

1. Any person having no apparent means of subsistence, who has the physical ability to

work and who neglects to apply himself or herself to some lawful calling;

2. Any person found loitering about public or semi-public buildings or places or

trampling or wandering about the country or the streets without visible means of support;

3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and

those who habitually associate with prostitutes;

4. Any person who, not being included in the provisions of other articles of this Code,

shall be found loitering in any inhabited or uninhabited place belonging to another

without any lawful or justifiable purpose;

5. Prostitutes.chanrobles virtual law library

For the purposes of this article, women who, for money or profit, habitually indulge in

sexual intercourse or lascivious conduct, are deemed to be prostitutes.

Any person found guilty of any of the offenses covered by this articles shall be punished

by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto

mayor in its medium period to prision correccional in its minimum period or a fine

ranging from 200 to 2,000 pesos, or both, in the discretion of the court.chanrobles virtual

law library

Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One

PRELIMINARY PROVISIONS

Art. 203. Who are public officers. — For the purpose of applying the provisions of this

and the preceding titles of this book, any person who, by direct provision of the law,

popular election or appointment by competent authority, shall take part in the

performance of public functions in the Government of the Philippine Islands, of shall

perform in said Government or in any of its branches public duties as an employee, agent

or subordinate official, of any rank or class, shall be deemed to be a public officer.

Chapter Two

MALFEASANCE AND MISFEASANCE IN OFFICE

Section One. — Dereliction of duty

Art. 204. Knowingly rendering unjust judgment. — Any judge who shall knowingly

render an unjust judgment in any case submitted to him for decision, shall be punished by

prision mayor and perpetual absolute disqualification.

Art. 205. Judgment rendered through negligence. — Any judge who, by reason of

inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case

submitted to him for decision shall be punished by arresto mayor and temporary special

disqualification.chanrobles virtual law library

Art. 206. Unjust interlocutory order. — Any judge who shall knowingly render an unjust

interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum

period and suspension; but if he shall have acted by reason of inexcusable negligence or

ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be

suspension.chanrobles virtual law library

Art. 207. Malicious delay in the administration of justice. — The penalty of prision

correccional in its minimum period shall be imposed upon any judge guilty of malicious

delay in the administration of justice.chanrobles virtual law library

Art. 208. Prosecution of offenses; negligence and tolerance. — The penalty of prision

correccional in its minimum period and suspension shall be imposed upon any public

officer, or officer of the law, who, in dereliction of the duties of his office, shall

maliciously refrain from instituting prosecution for the punishment of violators of the law,

or shall tolerate the commission of offenses.chanrobles virtual law library

Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets. — In

addition to the proper administrative action, the penalty of prision correccional in its

minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed

upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach

of professional duty or of inexcusable negligence or ignorance, shall prejudice his client,

or reveal any of the secrets of the latter learned by him in his professional

capacity.chanrobles virtual law library

The same penalty shall be imposed upon an attorney-at-law or solicitor

(procurador judicial) who, having undertaken the defense of a client or having received

confidential information from said client in a case, shall undertake the defense of the

opposing party in the same case, without the consent of his first client.chanrobles virtual

law library

Section Two. — Bribery

Art. 210. Direct bribery. — Any public officer who shall agree to perform an act

constituting a crime, in connection with the performance of this official duties, in

consideration of any offer, promise, gift or present received by such officer, personally or

through the mediation of another, shall suffer the penalty of prision mayor in its medium

and maximum periods and a fine [of not less than the value of the gift and] not less than

three times the value of the gift in addition to the penalty corresponding to the crime

agreed upon, if the same shall have been committed.

If the gift was accepted by the officer in consideration of the execution of an act which

does not constitute a crime, and the officer executed said act, he shall suffer the same

penalty provided in the preceding paragraph; and if said act shall not have been

accomplished, the officer shall suffer the penalties of prision correccional, in its medium

period and a fine of not less than twice the value of such gift.chanrobles virtual law

library

If the object for which the gift was received or promised was to make the public officer

refrain from doing something which it was his official duty to do, he shall suffer the

penalties of prision correccional in its maximum period and a fine [of not less than the

value of the gift and] not less than three times the value of such gift.chanrobles virtual

law library

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer

the penalty of special temporary disqualification.chanrobles virtual law librarychan robles

virtual law library

The provisions contained in the preceding paragraphs shall be made applicable to

assessors, arbitrators, appraisal and claim commissioners, experts or any other persons

performing public duties. (As amended by Batas Pambansa Blg. 872, June 10, 1985).

Art. 211. Indirect bribery. — The penalties of prision correccional in its medium and

maximum periods, and public censure shall be imposed upon any public officer who shall

accept gifts offered to him by reason of his office. (As amended by Batas Pambansa Blg.

872, June 10, 1985).

Art. 212. Corruption of public officials. — The same penalties imposed upon the officer

corrupted, except those of disqualification and suspension, shall be imposed upon any

person who shall have made the offers or promises or given the gifts or presents as

described in the preceding articles.chanrobles virtual law library

Chapter Three

FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Art. 213. Frauds against the public treasury and similar offenses. — The penalty of

prision correccional in its medium period to prision mayor in its minimum period, or a

fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer

who:

1. In his official capacity, in dealing with any person with regard to furnishing supplies,

the making of contracts, or the adjustment or settlement of accounts relating to public

property or funds, shall enter into an agreement with any interested party or speculator or

make use of any other scheme, to defraud the Government;

2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be

guilty or any of the following acts or omissions:

(a) Demanding, directly, or indirectly, the payment of sums different from or larger than

those authorized by law.chanrobles virtual law library

(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money

collected by him officially.chanrobles virtual law library

(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things

or objects of a nature different from that provided by law.chanrobles virtual law library

When the culprit is an officer or employee of the Bureau of Internal Revenue or the

Bureau of Customs, the provisions of the Administrative Code shall be applied.

Art. 214. Other frauds. — In addition to the penalties prescribed in the provisions of

Chapter Six, Title Ten, Book Two, of this Code, the penalty of temporary special

disqualification in its maximum period to perpetual special disqualification shall be

imposed upon any public officer who, taking advantage of his official position, shall

commit any of the frauds or deceits enumerated in said provisions.chanrobles virtual law

library

Art. 215. Prohibited transactions. — The penalty of prision correccional in its maximum

period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any

appointive public officer who, during his incumbency, shall directly or indirectly become

interested in any transaction of exchange or speculation within the territory subject to his

jurisdiction.chanrobles virtual law library

Art. 216. Possession of prohibited interest by a public officer. — The penalty of arresto

mayor in its medium period to prision correccional in its minimum period, or a fine

ranging from 200 to 1,000 pesos, or both, shall be imposed upon a public officer who

directly or indirectly, shall become interested in any contract or business in which it is his

official duty to intervene.chanrobles virtual law library

This provisions is applicable to experts, arbitrators and private accountants who, in like

manner, shall take part in any contract or transaction connected with the estate or property

in appraisal, distribution or adjudication of which they shall have acted, and to the

guardians and executors with respect to the property belonging to their wards or

estate.chanrobles virtual law library

Chapter Four

MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Art. 217. Malversation of public funds or property; Presumption of malversation. — Any

public officer who, by reason of the duties of his office, is accountable for public funds or

property, shall appropriate the same or shall take or misappropriate or shall consent,

through abandonment or negligence, shall permit any other person to take such public

funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation

or malversation of such funds or property, shall suffer:

1. The penalty of prision correccional in its medium and maximum periods, if the amount

involved in the misappropriation or malversation does not exceed two hundred

pesos.chanrobles virtual law library

2. The penalty of prision mayor in its minimum and medium periods, if the amount

involved is more than two hundred pesos but does not exceed six thousand


3. The penalty of prision mayor in its maximum period to reclusion temporal in its

minimum period, if the amount involved is more than six thousand pesos but is less than

twelve thousand pesos.chanrobles virtual law library

4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount

involved is more than twelve thousand pesos but is less than twenty-two thousand pesos.

If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum

period to reclusion perpetua.chanrobles virtual law library

In all cases, persons guilty of malversation shall also suffer the penalty of perpetual

special disqualification and a fine equal to the amount of the funds malversed or equal to

the total value of the property embezzled.

The failure of a public officer to have duly forthcoming any public funds or property with

which he is chargeable, upon demand by any duly authorized officer, shall be prima facie

evidence that he has put such missing funds or property to personal use. (As amended by

RA 1060).

Art. 218. Failure of accountable officer to render accounts. — Any public officer, whether

in the service or separated therefrom by resignation or any other cause, who is required by

law or regulation to render account to the Insular Auditor, or to a provincial auditor and

who fails to do so for a period of two months after such accounts should be rendered,

shall be punished by prision correccional in its minimum period, or by a fine ranging

from 200 to 6,000 pesos, or both.chanrobles virtual law library

Art. 219. Failure of a responsible public officer to render accounts before leaving the

country. — Any public officer who unlawfully leaves or attempts to leave the Philippine

Islands without securing a certificate from the Insular Auditor showing that his accounts

have been finally settled, shall be punished by arresto mayor, or a fine ranging from 200

to 1,000 pesos or both.chanrobles virtual law library

Art. 220. Illegal use of public funds or property. — Any public officer who shall apply

any public fund or property under his administration to any public use other than for

which such fund or property were appropriated by law or ordinance shall suffer the

penalty of prision correccional in its minimum period or a fine ranging from one-half to

the total of the sum misapplied, if by reason of such misapplication, any damages or

embarrassment shall have resulted to the public service. In either case, the offender shall

also suffer the penalty of temporary special disqualification.chanrobles virtual law library

If no damage or embarrassment to the public service has resulted, the penalty shall be a

fine from 5 to 50 per cent of the sum misapplied.chanrobles virtual law library

Art. 221. Failure to make delivery of public funds or property. — Any public officer

under obligation to make payment from Government funds in his possession, who shall

fail to make such payment, shall be punished by arresto mayor and a fine from 5 to 25 per

cent of the sum which he failed to pay.chanrobles virtual law library

This provision shall apply to any public officer who, being ordered by competent

authority to deliver any property in his custody or under his administration, shall refuse to

make such delivery.chanrobles virtual law library

The fine shall be graduated in such case by the value of the thing, provided that it shall

not less than 50 pesos.chanrobles virtual law library

Art. 222. Officers included in the preceding provisions. — The provisions of this chapter

shall apply to private individuals who in any capacity whatever, have charge of any

insular, provincial or municipal funds, revenues, or property and to any administrator or

depository of funds or property attached, seized or deposited by public authority, even if

such property belongs to a private individual.chanrobles virtual law library

Chapter Five

INFIDELITY OF PUBLIC OFFICERS

Section One. — Infidelity in the custody of prisoners

Art. 223. Conniving with or consenting to evasion. — Any public officer who shall

consent to the escape of a prisoner in his custody or charge, shall be punished:

1. By prision correccional in its medium and maximum periods and temporary special

disqualification in its maximum period to perpetual special disqualification, if the fugitive

shall have been sentenced by final judgment to any penalty.chanrobles virtual law library

2. By prision correccional in its minimum period and temporary special disqualification,

in case the fugitive shall not have been finally convicted but only held as a detention

prisoner for any crime or violation of law or municipal ordinance.chanrobles virtual law

library

Art. 224. Evasion through negligence. — If the evasion of the prisoner shall have taken

place through the negligence of the officer charged with the conveyance or custody of the

escaping prisoner, said officer shall suffer the penalties of arresto mayor in its maximum

period to prision correccional in its minimum period and temporary special

disqualification.

Art. 225. Escape of prisoner under the custody of a person not a public officer. — Any

private person to whom the conveyance or custody or a prisoner or person under arrest

shall have been confided, who shall commit any of the offenses mentioned in the two

preceding articles, shall suffer the penalty next lower in degree than that prescribed for

the public officer.chanrobles virtual law library

Section Two. — Infidelity in the custody of document

Art. 226. Removal, concealment or destruction of documents. — Any public officer who

shall remove, destroy or conceal documents or papers officially entrusted to him, shall

suffer:

1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious

damage shall have been caused thereby to a third party or to the public interest.chanrobles

virtual law library

2. The penalty of prision correccional in its minimum and medium period and a fine not

exceeding 1,000 pesos, whenever the damage to a third party or to the public interest shall

not have been serious.chanrobles virtual law library

In either case, the additional penalty of temporary special disqualification in its maximum

period to perpetual disqualification shall be imposed.

Art. 227. Officer breaking seal. — Any public officer charged with the custody of papers

or property sealed by proper authority, who shall break the seals or permit them to be

broken, shall suffer the penalties of prision correccional in its minimum and medium

periods, temporary special disqualification and a fine not exceeding 2,000


Art. 228. Opening of closed documents. — Any public officer not included in the

provisions of the next preceding article who, without proper authority, shall open or shall

permit to be opened any closed papers, documents or objects entrusted to his custody,

shall suffer the penalties or arresto mayor, temporary special disqualification and a fine of

not exceeding 2,000 pesos.chanrobles virtual law library

Section Three. — Revelation of secrets

Art. 229. Revelation of secrets by an officer. — Any public officer who shall reveal any

secret known to him by reason of his official capacity, or shall wrongfully deliver papers

or copies of papers of which he may have charge and which should not be published,

shall suffer the penalties of prision correccional in its medium and maximum periods,

perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of

such secrets or the delivery of such papers shall have caused serious damage to the public

interest; otherwise, the penalties of prision correccional in its minimum period, temporary

special disqualification and a fine not exceeding 50 pesos shall be imposed.

Art. 230. Public officer revealing secrets of private individual. — Any public officer to

whom the secrets of any private individual shall become known by reason of his office

who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not

exceeding 1,000 pesos.chanrobles virtual law librarychan robles virtual law library

Chapter Six

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open disobedience. — Any judicial or executive officer who shall openly refuse

to execute the judgment, decision or order of any superior authority made within the

scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer

the penalties of arresto mayor in its medium period to prision correccional in its minimum

period, temporary special disqualification in its maximum period and a fine not exceeding

1,000 pesos.

Art. 232. Disobedience to order of superior officers, when said order was suspended by

inferior officer. — Any public officer who, having for any reason suspended the execution

of the orders of his superiors, shall disobey such superiors after the latter have

disapproved the suspension, shall suffer the penalties of prision correccional in its

minimum and medium periods and perpetual special disqualification.chanrobles virtual

law library

Art. 233. Refusal of assistance. — The penalties of arresto mayor in its medium period to

prision correccional in its minimum period, perpetual special disqualification and a fine

not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand

from competent authority, shall fail to lend his cooperation towards the administration of

justice or other public service, if such failure shall result in serious damage to the public

interest, or to a third party; otherwise, arresto mayor in its medium and maximum periods

and a fine not exceeding 500 pesos shall be imposed.chanrobles virtual law library

Art. 234. Refusal to discharge elective office. — The penalty of arresto mayor or a fine

not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been

elected by popular election to a public office, shall refuse without legal motive to be

sworn in or to discharge the duties of said office.chanrobles virtual law library

Art. 235. Maltreatment of prisoners. — The penalty of arresto mayor in its medium

period to prision correccional in its minimum period, in addition to his liability for the

physical injuries or damage caused, shall be imposed upon any public officer or employee

who shall overdo himself in the correction or handling of a prisoner or detention prisoner

under his charge, by the imposition of punishment not authorized by the regulations, or by

inflicting such punishment in a cruel and humiliating manner.chanrobles virtual law

library

If the purpose of the maltreatment is to extort a confession, or to obtain some information

from the prisoner, the offender shall be punished by prision correccional in its minimum

period, temporary special disqualification and a fine not exceeding 500 pesos, in addition

to his liability for the physical injuries or damage caused.chanrobles virtual law library

Section Two. — Anticipation, prolongation

and abandonment of the duties and powers of public office.chanrobles virtual law library

Art. 236. Anticipation of duties of a public office. — Any person who shall assume the

performance of the duties and powers of any public officer or employment without first

being sworn in or having given the bond required by law, shall be suspended from such

office or employment until he shall have complied with the respective formalities and

shall be fined from 200 to 500 pesos.

Art. 237. Prolonging performance of duties and powers. — Any public officer shall

continue to exercise the duties and powers of his office, employment or commission,

beyond the period provided by law, regulation or special provisions applicable to the case,

shall suffer the penalties of prision correccional in its minimum period, special temporary

disqualification in its minimum period and a fine not exceeding 500 pesos.chanrobles

virtual law library

Art. 238. Abandonment of office or position. — Any public officer who, before the

acceptance of his resignation, shall abandon his office to the detriment of the public

service shall suffer the penalty of arresto mayor.chanrobles virtual law library

If such office shall have been abandoned in order to evade the discharge of the duties of

preventing, prosecuting or punishing any of the crime falling within Title One, and

Chapter One of Title Three of Book Two of this Code, the offender shall be punished by

prision correccional in its minimum and medium periods, and by arresto mayor if the

purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing

any other crime.chanrobles virtual law library

Section Three. — Usurpation of powers and unlawful appointments

Art. 239. Usurpation of legislative powers. — The penalties of prision correccional in its

minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos,

shall be imposed upon any public officer who shall encroach upon the powers of the

legislative branch of the Government, either by making general rules or regulations

beyond the scope of his authority, or by attempting to repeal a law or suspending the

execution thereof.

Art. 240. Usurpation of executive functions. — Any judge who shall assume any power

pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of

their powers, shall suffer the penalty of arresto mayor in its medium period to prision

correccional in its minimum period.chanrobles virtual law library

Art. 241. Usurpation of judicial functions. — The penalty of arresto mayor in its medium

period to prision correccional in its minimum period and shall be imposed upon any

officer of the executive branch of the Government who shall assume judicial powers or

shall obstruct the execution of any order or decision rendered by any judge within its

jurisdiction.chanrobles virtual law library

Art. 242. Disobeying request for disqualification. — Any public officer who, before the

question of jurisdiction is decided, shall continue any proceeding after having been

lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine

not exceeding 500 pesos.chanrobles virtual law library

Art. 243. Orders or requests by executive officers to any judicial authority. — Any

executive officer who shall address any order or suggestion to any judicial authority with

respect to any case or business coming within the exclusive jurisdiction of the courts of

justice shall suffer the penalty of arresto mayor and a fine not exceeding 500


Art. 244. Unlawful appointments. — Any public officer who shall knowingly nominate or

appoint to any public office any person lacking the legal qualifications therefor, shall

suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos.chanrobles

virtual law library

Section Four. — Abuses against chastity

Art. 245. Abuses against chastity; Penalties. — The penalties of prision correccional in its

medium and maximum periods and temporary special disqualification shall be imposed:

1. Upon any public officer who shall solicit or make immoral or indecent advances to a

woman interested in matters pending before such officer for decision, or with respect to

which he is required to submit a report to or consult with a superior officer;

2. Any warden or other public officer directly charged with the care and custody of

prisoners or persons under arrest who shall solicit or make immoral or indecent advances

to a woman under his custody.chanrobles virtual law library

If the person solicited be the wife, daughter, sister of relative within the same degree by

affinity of any person in the custody of such warden or officer, the penalties shall be

prision correccional in its minimum and medium periods and temporary special

disqualification.

Title Eight

CRIMES AGAINST PERSONS

Chapter One

DESTRUCTION OF LIFE

Section One. — Parricide, murder, homicide

Art. 246. Parricide. — Any person who shall kill his father, mother, or child, whether

legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be

guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.

Art. 247. Death or physical injuries inflicted under exceptional circumstances. — Any

legally married person who having surprised his spouse in the act of committing sexual

intercourse with another person, shall kill any of them or both of them in the act or

immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer

the penalty of destierro.chanrobles virtual law library

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from

punishment.chanrobles virtual law library

These rules shall be applicable, under the same circumstances, to parents with respect to

their daughters under eighteen years of age, and their seducer, while the daughters are

living with their parents.chanrobles virtual law library

Any person who shall promote or facilitate the prostitution of his wife or daughter, or

shall otherwise have consented to the infidelity of the other spouse shall not be entitled to

the benefits of this article.chanrobles virtual law library

Art. 248. Murder. — Any person who, not falling within the provisions of Article 246

shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in

its maximum period to death, if committed with any of the following attendant

circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or

employing means to weaken the defense or of means or persons to insure or afford

impunity.chanrobles virtual law library

2. In consideration of a price, reward, or promise.chanrobles virtual law library

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,

derailment or assault upon a street car or locomotive, fall of an airship, by means of motor

vehicles, or with the use of any other means involving great waste and ruin.chanrobles

virtual law library

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic or other public

calamity.chanrobles virtual law library

5. With evident premeditation.chanrobles virtual law library

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or

outraging or scoffing at his person or corpse.chanrobles virtual law library

Art. 249. Homicide. — Any person who, not falling within the provisions of Article 246,

shall kill another without the attendance of any of the circumstances enumerated in the

next preceding article, shall be deemed guilty of homicide and be punished by reclusion

temporal.

Art. 250. Penalty for frustrated parricide, murder or homicide. — The courts, in view of

the facts of the case, may impose upon the person guilty of the frustrated crime of

parricide, murder or homicide, defined and penalized in the preceding articles, a penalty

lower by one degree than that which should be imposed under the provision of Article


The courts, considering the facts of the case, may likewise reduce by one degree the

penalty which under Article 51 should be imposed for an attempt to commit any of such

crimes.chanrobles virtual law library

Art. 251. Death caused in a tumultuous affray. — When, while several persons, not

composing groups organized for the common purpose of assaulting and attacking each

other reciprocally, quarrel and assault each other in a confused and tumultuous manner,

and in the course of the affray someone is killed, and it cannot be ascertained who

actually killed the deceased, but the person or persons who inflicted serious physical

injuries can be identified, such person or persons shall be punished by prision

mayor.chanrobles virtual law library

If it cannot be determined who inflicted the serious physical injuries on the deceased, the

penalty of prision correccional in its medium and maximum periods shall be imposed

upon all those who shall have used violence upon the person of the victim.chanrobles

virtual law library

Art. 252. Physical injuries inflicted in a tumultuous affray. — When in a tumultuous

affray as referred to in the preceding article, only serious physical injuries are inflicted

upon the participants thereof and the person responsible thereof cannot be identified, all

those who appear to have used violence upon the person of the offended party shall suffer

the penalty next lower in degree than that provided for the physical injuries so

inflicted.chanrobles virtual law library

When the physical injuries inflicted are of a less serious nature and the person responsible

therefor cannot be identified, all those who appear to have used any violence upon the

person of the offended party shall be punished by arresto mayor from five to fifteen

days.chanrobles virtual law library

Art. 253. Giving assistance to suicide. — Any person who shall assist another to commit

suicide shall suffer the penalty of prision mayor; if such person leads his assistance to

another to the extent of doing the killing himself, he shall suffer the penalty of reclusion

temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its

medium and maximum periods, shall be imposed.chanrobles virtual law library

Art. 254. Discharge of firearms. — Any person who shall shoot at another with any

firearm shall suffer the penalty of prision correccional in its minimum and medium

periods, unless the facts of the case are such that the act can be held to constitute

frustrated or attempted parricide, murder, homicide or any other crime for which a higher

penalty is prescribed by any of the articles of this Code.chanrobles virtual law library

chan robles virtual law library

Section Two. — Infanticide and abortion.chanrobles virtual law library

Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder

in Article 248 shall be imposed upon any person who shall kill any child less than three

days of age.

If the crime penalized in this article be committed by the mother of the child for the

purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in

its medium and maximum periods, and if said crime be committed for the same purpose

by the maternal grandparents or either of them, the penalty shall be prision

mayor.chanrobles virtual law library

Art. 256. Intentional abortion. — Any person who shall intentionally cause an abortion

shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the

pregnant woman.chanrobles virtual law library

2. The penalty of prision mayor if, without using violence, he shall act without the

consent of the woman.chanrobles virtual law library

3. The penalty of prision correccional in its medium and maximum periods, if the woman

shall have consented.chanrobles virtual law library

Art. 257. Unintentional abortion. — The penalty of prision correccional in its minimum

and medium period shall be imposed upon any person who shall cause an abortion by

violence, but unintentionally.

Art. 258. Abortion practiced by the woman herself of by her parents. — The penalty of

prision correccional in its medium and maximum periods shall be imposed upon a woman

who shall practice abortion upon herself or shall consent that any other person should do

so.chanrobles virtual law library

Any woman who shall commit this offense to conceal her dishonor, shall suffer the

penalty of prision correccional in its minimum and medium periods.chanrobles virtual

law library

If this crime be committed by the parents of the pregnant woman or either of them, and

they act with the consent of said woman for the purpose of concealing her dishonor, the

offenders shall suffer the penalty of prision correccional in its medium and maximum

periods.chanrobles virtual law library

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. —

The penalties provided in Article 256 shall be imposed in its maximum period,

respectively, upon any physician or midwife who, taking advantage of their scientific

knowledge or skill, shall cause an abortion or assist in causing the same.chanrobles

virtual law library

Any pharmacist who, without the proper prescription from a physician, shall dispense any

abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.chanrobles

virtual law library

Section Three. — Duel

Art. 260. Responsibility of participants in a duel. — The penalty of reclusion temporal

shall be imposed upon any person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided

therefor, according to their nature.chanrobles virtual law library

In any other case, the combatants shall suffer the penalty of arresto mayor, although no

physical injuries have been inflicted.chanrobles virtual law library

The seconds shall in all events be punished as accomplices.chanrobles virtual law library

Art. 261. Challenging to a duel. — The penalty of prision correccional in its minimum

period shall be imposed upon any person who shall challenge another, or incite another to

give or accept a challenge to a duel, or shall scoff at or decry another publicly for having

refused to accept a challenge to fight a duel.chanrobles virtual law library

Chapter Two

PHYSICAL INJURIES

Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua shall be

imposed upon any person who shall intentionally mutilate another by depriving him,

either totally or partially, or some essential organ of reproduction.

Any other intentional mutilation shall be punished by prision mayor in its medium and

maximum periods.chanrobles virtual law library

Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault

another, shall be guilty of the crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the

injured person shall become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in

consequence of the physical injuries inflicted, the person injured shall have lost the use of

speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm,

or a leg or shall have lost the use of any such member, or shall have become incapacitated

for the work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in

consequence of the physical injuries inflicted, the person injured shall have become

deformed, or shall have lost any other part of his body, or shall have lost the use thereof,

or shall have been ill or incapacitated for the performance of the work in which he as

habitually engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its

minimum period, if the physical injuries inflicted shall have caused the illness or

incapacity for labor of the injured person for more than thirty days.chanrobles virtual law

library

If the offense shall have been committed against any of the persons enumerated in Article

246, or with attendance of any of the circumstances mentioned in Article 248, the case

covered by subdivision number 1 of this Article shall be punished by reclusion temporal

in its medium and maximum periods; the case covered by subdivision number 2 by

prision correccional in its maximum period to prision mayor in its minimum period; the

case covered by subdivision number 3 by prision correccional in its medium and

maximum periods; and the case covered by subdivision number 4 by prision correccional

in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall

inflict physical injuries upon his child by excessive chastisement.chanrobles virtual law

library

Art. 264. Administering injurious substances or beverages. — The penalties established

by the next preceding article shall be applicable in the respective case to any person who,

without intent to kill, shall inflict upon another any serious, physical injury, by knowingly

administering to him any injurious substance or beverages or by taking advantage of his

weakness of mind or credulity.chanrobles virtual law library

Art. 265. Less serious physical injuries. — Any person who shall inflict upon another

physical injuries not described in the preceding articles, but which shall incapacitate the

offended party for labor for ten days or more, or shall require medical assistance for the

same period, shall be guilty of less serious physical injuries and shall suffer the penalty of

arresto mayor.chanrobles virtual law library

Whenever less serious physical injuries shall have been inflicted with the manifest intent

to kill or offend the injured person, or under circumstances adding ignominy to the

offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall

be imposed.chanrobles virtual law library

Any less serious physical injuries inflicted upon the offender's parents, ascendants,

guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished

by prision correccional in its minimum and medium periods, provided that, in the case of

persons in authority, the deed does not constitute the crime of assault upon such

person.chanrobles virtual law library

Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical

injuries shall be punished:

1. By arresto menor when the offender has inflicted physical injuries which shall

incapacitate the offended party for labor from one to nine days, or shall require medical

attendance during the same period.chanrobles virtual law library

2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has

caused physical injuries which do not prevent the offended party from engaging in his

habitual work nor require medical assistance.chanrobles virtual law library

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the

offender shall ill-treat another by deed without causing any injury.chanrobles virtual law

library

Title Nine

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One

CRIMES AGAINST LIBERTY

Art. 267. Kidnapping and serious illegal detention. — Any private individual who shall

kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the

penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have lasted more than five days.chanrobles virtual

law library

2. If it shall have been committed simulating public authority.chanrobles virtual law

library

3. If any serious physical injuries shall have been inflicted upon the person kidnapped or

detained; or if threats to kill him shall have been made.chanrobles virtual law library

4. If the person kidnapped or detained shall be a minor, female or a public

officer.chanrobles virtual law library

The penalty shall be death where the kidnapping or detention was committed for the

purpose of extorting ransom from the victim or any other person, even if none of the

circumstances above-mentioned were present in the commission of the offense.

Art. 268. Slight illegal detention. — The penalty of reclusion temporal shall be imposed

upon any private individual who shall commit the crimes described in the next preceding

article without the attendance of any of circumstances enumerated therein.chanrobles

virtual law library

The same penalty shall be incurred by anyone who shall furnish the place for the

perpetration of the crime.chanrobles virtual law library

If the offender shall voluntarily release the person so kidnapped or detained within three

days from the commencement of the detention, without having attained the purpose

intended, and before the institution of criminal proceedings against him, the penalty shall

be prision mayor in its minimum and medium periods and a fine not exceeding seven

hundred pesos.chanrobles virtual law library

Art. 269. Unlawful arrest. — The penalty of arresto mayor and a fine not exceeding 500

pesos shall be imposed upon any person who, in any case other than those authorized by

law, or without reasonable ground therefor, shall arrest or detain another for the purpose

of delivering him to the proper authorities.chanrobles virtual law library

Section Two. — Kidnapping of minors

Art. 270. Kidnapping and failure to return a minor. — The penalty of reclusion perpetua

shall be imposed upon any person who, being entrusted with the custody of a minor

person, shall deliberately fail to restore the latter to his parents or guardians.

Art. 271. Inducing a minor to abandon his home. — The penalty of prision correccional

and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall

induce a minor to abandon the home of his parent or guardians or the persons entrusted

with his custody.chanrobles virtual law library

If the person committing any of the crimes covered by the two preceding articles shall be

the father or the mother of the minor, the penalty shall be arresto mayor or a fine not

exceeding three hundred pesos, or both.chanrobles virtual law library

Art. 272. Slavery. — The penalty of prision mayor and a fine of not exceeding 10,000

pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human

being for the purpose of enslaving him.chanrobles virtual law library

If the crime be committed for the purpose of assigning the offended party to some

immoral traffic, the penalty shall be imposed in its maximum period.chanrobles virtual

law library

Art. 273. Exploitation of child labor. — The penalty of prision correccional in its

minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon

anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant,

guardian or person entrusted with the custody of a minor, shall, against the latter's will,

retain him in his service.chanrobles virtual law library

Art. 274. Services rendered under compulsion in payment of debt. — The penalty of

arresto mayor in its maximum period to prision correccional in its minimum period shall

be imposed upon any person who, in order to require or enforce the payment of a debt,

shall compel the debtor to work for him, against his will, as household servant or farm

laborer.chanrobles virtual law library

Chapter Two

CRIMES AGAINST SECURITY

Section One. — Abandonment of helpless persons

and exploitation of minors.chanrobles virtual law library

Art. 275. Abandonment of person in danger and abandonment of one's own victim. —

The penalty of arresto mayor shall be imposed upon:

1. Any one who shall fail to render assistance to any person whom he shall find in an

uninhabited place wounded or in danger of dying, when he can render such assistance

without detriment to himself, unless such omission shall constitute a more serious

offense.chanrobles virtual law library

2. Anyone who shall fail to help or render assistance to another whom he has accidentally

wounded or injured.chanrobles virtual law library

3. Anyone who, having found an abandoned child under seven years of age, shall fail to

deliver said child to the authorities or to his family, or shall fail to take him to a safe

place.chanrobles virtual law library

Art. 276. Abandoning a minor. — The penalty of arresto mayor and a fine not exceeding

500 pesos shall be imposed upon any one who shall abandon a child under seven years of

age, the custody of which is incumbent upon him.

When the death of the minor shall result from such abandonment, the culprit shall be

punished by prision correccional in its medium and maximum periods; but if the life of

the minor shall have been in danger only, the penalty shall be prision correccional in its

minimum and medium periods.chanrobles virtual law library

The provisions contained in the two preceding paragraphs shall not prevent the imposition

of the penalty provided for the act committed, when the same shall constitute a more

serious offense.chanrobles virtual law library

Art. 277. Abandonment of minor by person entrusted with his custody; indifference of

parents. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be

imposed upon anyone who, having charge of the rearing or education of a minor, shall

deliver said minor to a public institution or other persons, without the consent of the one

who entrusted such child to his care or in the absence of the latter, without the consent of

the proper authorities.chanrobles virtual law library

The same penalty shall be imposed upon the parents who shall neglect their children by

not giving them the education which their station in life require and financial conditions

permit.chanrobles virtual law library

Art. 278. Exploitation of minors. — The penalty of prision correccional in its minimum

and medium periods and a fine not exceeding 500 pesos shall be imposed upon:

1. Any person who shall cause any boy or girl under sixteen years of age to perform any

dangerous feat of balancing, physical strength, or contortion.chanrobles virtual law

library

2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or

circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds

children under sixteen years of age who are not his children or descendants.chanrobles

virtual law library

3. Any person engaged in any of the callings enumerated in the next paragraph preceding

who shall employ any descendant of his under twelve years of age in such dangerous

exhibitions.chanrobles virtual law library

4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a

child under sixteen years of age, who shall deliver such child gratuitously to any person

following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant

or beggar.chanrobles virtual law library

If the delivery shall have been made in consideration of any price, compensation, or

promise, the penalty shall in every case be imposed in its maximum period.chanrobles

virtual law library

In either case, the guardian or curator convicted shall also be removed from office as

guardian or curator; and in the case of the parents of the child, they may be deprived,

temporarily or perpetually, in the discretion of the court, of their parental

authority.chanrobles virtual law library

5. Any person who shall induce any child under sixteen years of age to abandon the home

of its ascendants, guardians, curators, or teachers to follow any person engaged in any of

the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or

beggar.chanrobles virtual law library

Art. 279. Additional penalties for other offenses. — The imposition of the penalties

prescribed in the preceding articles, shall not prevent the imposition upon the same person

of the penalty provided for any other felonies defined and punished by this Code.

Section Two. — Trespass to dwelling

Art. 280. Qualified trespass to dwelling. — Any private person who shall enter the

dwelling of another against the latter's will shall be punished by arresto mayor and a fine

not exceeding 1,000 pesos.

If the offense be committed by means of violence or intimidation, the penalty shall be

prision correccional in its medium and maximum periods and a fine not exceeding 1,000


The provisions of this article shall not be applicable to any person who shall enter

another's dwelling for the purpose of preventing some serious harm to himself, the

occupants of the dwelling or a third person, nor shall it be applicable to any person who

shall enter a dwelling for the purpose of rendering some service to humanity or justice,

nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same

are open.chanrobles virtual law library

Art. 281. Other forms of trespass. — The penalty of arresto menor or a fine not exceeding

200 pesos, or both, shall be imposed upon any person who shall enter the closed premises

or the fenced estate of another, while either or them are uninhabited, if the prohibition to

enter be manifest and the trespasser has not secured the permission of the owner or the

caretaker thereof.chanrobles virtual law library

Section Three. — Threats and coercion

Art. 282. Grave threats. — Any person who shall threaten another with the infliction upon

the person, honor or property of the latter or of his family of any wrong amounting to a

crime, shall suffer:

1. The penalty next lower in degree than that prescribed by law for the crime be

threatened to commit, if the offender shall have made the threat demanding money or

imposing any other condition, even though not unlawful, and said offender shall have

attained his purpose. If the offender shall not have attained his purpose, the penalty lower

by two degrees shall be imposed.chanrobles virtual law library

If the threat be made in writing or through a middleman, the penalty shall be imposed in

its maximum period.chanrobles virtual law library

2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not

have been made subject to a condition.chanrobles virtual law library

Art. 283. Light threats. — Any threat to commit a wrong not constituting a crime, made

in the manner expressed in subdivision 1 of the next preceding article, shall be punished

by arresto mayor.

Art. 284. Bond for good behavior. — In all cases falling within the two next preceding

articles, the person making the threats may also be required to give bail not to molest the

person threatened, or if he shall fail to give such bail, he shall be sentenced to

destierro.chanrobles virtual law library

Art. 285. Other light threats. — The penalty of arresto menor in its minimum period or a

fine not exceeding 200 pesos shall be imposed upon:

1. Any person who, without being included in the provisions of the next preceding article,

shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in

lawful self-defense.chanrobles virtual law library

2. Any person who, in the heat of anger, shall orally threaten another with some harm not

constituting a crime, and who by subsequent acts show that he did not persist in the idea

involved in his threat, provided that the circumstances of the offense shall not bring it

within the provisions of Article 282 of this Code.chanrobles virtual law library

3. Any person who shall orally threaten to do another any harm not constituting a


Art. 286. Grave coercions. — The penalty of arresto mayor and a fine not exceeding 500

pesos shall be imposed upon any person who, without authority of law, shall, by means of

violence, prevent another from doing something not prohibited by law, or compel him to

do something against his will, whether it be right or wrong.

If the coercion be committed for the purpose of compelling another to perform any

religious act or to prevent him from so doing, the penalty next higher in degree shall be

imposed.chanrobles virtual law library

Art. 287. Light coercions. — Any person who, by means of violence, shall seize anything

belonging to his debtor for the purpose of applying the same to the payment of the debt,

shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to

the value of the thing, but in no case less than 75 pesos.chanrobles virtual law library

Any other coercions or unjust vexations shall be punished by arresto menor or a fine

ranging from 5 pesos to 200 pesos, or both.chanrobles virtual law library

Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of

wages by means of tokens.) — The penalty of arresto mayor or a fine ranging from 200 to

500 pesos, or both, shall be imposed upon any person, agent or officer, of any association

or corporation who shall force or compel, directly or indirectly, or shall knowingly permit

any laborer or employee employed by him or by such firm or corporation to be forced or

compelled, to purchase merchandise or commodities of any kind.chanrobles virtual law

library

The same penalties shall be imposed upon any person who shall pay the wages due a

laborer or employee employed by him, by means of tokens or objects other than the legal

tender currency of the laborer or employee.chanrobles virtual law library

Art. 289. Formation, maintenance and prohibition of combination of capital or labor

through violence or threats. — The penalty of arresto mayor and a fine not exceeding 300

pesos shall be imposed upon any person who, for the purpose of organizing, maintaining

or preventing coalitions or capital or labor, strike of laborers or lock-out of employees,

shall employ violence or threats in such a degree as to compel or force the laborers or

employers in the free and legal exercise of their industry or work, if the act shall not

constitute a more serious offense in accordance with the provisions of this


Chapter Three

DISCOVERY AND REVELATION OF SECRETS

Art. 290. Discovering secrets through seizure of correspondence. — The penalty of

prision correccional in its minimum and medium periods and a fine not exceeding 500

pesos shall be imposed upon any private individual who in order to discover the secrets of

another, shall seize his papers or letters and reveal the contents thereof.

If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine


The provision shall not be applicable to parents, guardians, or persons entrusted with the

custody of minors with respect to the papers or letters of the children or minors placed

under their care or study, nor to spouses with respect to the papers or letters of either of

them.chanrobles virtual law library

Art. 291. Revealing secrets with abuse of office. — The penalty of arresto mayor and a

fine not exceeding 500 pesos shall be imposed upon any manager, employee, or servant

who, in such capacity, shall learn the secrets of his principal or master and shall reveal

such secrets.chanrobles virtual law library

Art. 292. Revelation of industrial secrets. — The penalty of prision correccional in its

minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon

the person in charge, employee or workman of any manufacturing or industrial

establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the

industry of the latter.chanrobles virtual law library

Title Ten

CRIMES AGAINST PROPERTY

Chapter One

ROBBERY IN GENERAL

Art. 293. Who are guilty of robbery. — Any person who, with intent to gain, shall take

any personal property belonging to another, by means of violence or intimidation of any

person, or using force upon anything shall be guilty of robbery.

Section One. — Robbery with violence or intimidation of persons.chanrobles virtual law

library

Art. 295. Robbery with violence against or intimidation of persons; Penalties.— Any

person guilty of robbery with the use of violence against or intimidation of any person

shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the

robbery, the crime of homicide shall have been committed.chanrobles virtual law library

2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the

robbery shall have been accompanied by rape or intentional mutilation, or if by reason or

on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of

Article 263 shall have been inflicted; Provided, however, that when the robbery

accompanied with rape is committed with a use of a deadly weapon or by two or more

persons, the penalty shall be reclusion perpetua to death (As amended by PD No. 767).

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any

of the physical injuries penalized in subdivision 2 of the article mentioned in the next

preceding paragraph, shall have been inflicted.chanrobles virtual law library

4. The penalty of prision mayor in its maximum period to reclusion temporal in its

medium period, if the violence or intimidation employed in the commission of the

robbery shall have been carried to a degree clearly unnecessary for the commission of the

crime, or when the course of its execution, the offender shall have inflicted upon any

person not responsible for its commission any of the physical injuries covered by sub-

divisions 3 and 4 of said Article 23.chanrobles virtual law library

5. The penalty of prision correccional in its maximum period to prision mayor in its

medium period in other cases. (As amended by R. A. 18).

Art. 295. Robbery with physical injuries, committed in an uninhabited place and by a

band, or with the use of firearm on a street, road or alley. — If the offenses mentioned in

subdivisions three, four, and five of the next preceding article shall have been committed

in an uninhabited place or by a band, or by attacking a moving train, street car, motor

vehicle or airship, or by entering the passenger's compartments in a train or, in any

manner, taking the passengers thereof by surprise in the respective conveyances, or on a

street, road, highway, or alley, and the intimidation is made with the use of a firearm, the

offender shall be punished by the maximum period of the proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of

the band.chanrobles virtual law library

Art. 296. Definition of a band and penalty incurred by the members thereof. — When

more than three armed malefactors take part in the commission of a robbery, it shall be

deemed to have been committed by a band. When any of the arms used in the commission

of the offense be an unlicensed firearm, the penalty to be imposed upon all the

malefactors shall be the maximum of the corresponding penalty provided by law, without

prejudice of the criminal liability for illegal possession of such unlicensed

firearms.chanrobles virtual law library

Any member of a band who is present at the commission of a robbery by the band, shall

be punished as principal of any of the assaults committed by the band, unless it be shown

that he attempted to prevent the same.chanrobles virtual law library

Art. 297. Attempted and frustrated robbery committed under certain circumstances. —

When by reason or on occasion of an attempted or frustrated robbery a homicide is

committed, the person guilty of such offenses shall be punished by reclusion temporal in

its maximum period to reclusion perpetua, unless the homicide committed shall deserve a

higher penalty under the provisions of this Code.chanrobles virtual law library

Art. 298. Execution of deeds by means of violence or intimidation. — Any person who,

with intent to defraud another, by means of violence or intimidation, shall compel him to

sign, execute or deliver any public instrument or documents, shall be held guilty of

robbery and punished by the penalties respectively prescribed in this Chapter.chanrobles

virtual law library

Section Two. — Robbery by the use of force upon things

Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship.

— Any armed person who shall commit robbery in an inhabited house or public building

or edifice devoted to religious worship, shall be punished by reclusion temporal, if the

value of the property taken shall exceed 250 pesos, and if:

(a) The malefactors shall enter the house or building in which the robbery was committed,

by any of the following means:

1. Through a opening not intended for entrance or egress.chanrobles virtual law library

2. By breaking any wall, roof, or floor or breaking any door or window.chanrobles virtual

law library

3. By using false keys, picklocks or similar tools.chanrobles virtual law library

4. By using any fictitious name or pretending the exercise of public authority.chanrobles

virtual law library

Or if —

(b) The robbery be committed under any of the following circumstances:

1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed

furniture or receptacle;

2. By taking such furniture or objects to be broken or forced open outside the place of the

robbery.chanrobles virtual law library

When the offenders do not carry arms, and the value of the property taken exceeds 250

pesos, the penalty next lower in degree shall be imposed.

The same rule shall be applied when the offenders are armed, but the value of the

property taken does not exceed 250 pesos.chanrobles virtual law library

When said offenders do not carry arms and the value of the property taken does not

exceed 250 pesos, they shall suffer the penalty prescribed in the two next preceding

paragraphs, in its minimum period.chanrobles virtual law library chan robles virtual law

library

If the robbery be committed in one of the dependencies of an inhabited house, public

building, or building dedicated to religious worship, the penalties next lower in degree

than those prescribed in this article shall be imposed.chanrobles virtual law library

Art. 300. Robbery in an uninhabited place and by a band. — The robbery mentioned in

the next preceding article, if committed in an uninhabited place and by a band, shall be

punished by the maximum period of the penalty provided therefor.chanrobles virtual law

library

Art. 301. What is an inhabited house, public building or building dedicated to religious

worship and their dependencies. — Inhabited house means any shelter, ship or vessel

constituting the dwelling of one or more persons, even though the inhabitants thereof

shall temporarily be absent therefrom when the robbery is committed.chanrobles virtual

law library

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other

departments or inclosed places contiguous to the building or edifice, having an interior

entrance connected therewith, and which form part of the whole, shall be deemed

dependencies of an inhabited house, public building or building dedicated to religious

worship.chanrobles virtual law library

Orchards and other lands used for cultivation or production are not included in the terms

of the next preceding paragraph, even if closed, contiguous to the building and having

direct connection therewith.chanrobles virtual law library

The term "public building" includes every building owned by the Government or

belonging to a private person not included used or rented by the Government, although

temporarily unoccupied by the same.chanrobles virtual law library

Art. 302. Robbery is an uninhabited place or in a private building. — Any robbery

committed in an uninhabited place or in a building other than those mentioned in the first

paragraph of Article 299, if the value of the property taken exceeds 250 pesos, shall be

punished by prision correccional if any of the following circumstances is present:

1. If the entrance has been effected through any opening not intended for entrance or

egress.chanrobles virtual law library

2. If any wall, roof, flour or outside door or window has been broken.chanrobles virtual

law library

3. If the entrance has been effected through the use of false keys, picklocks or other

similar tools.chanrobles virtual law library

4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been

broken.chanrobles virtual law library

5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been

removed even if the same to broken open elsewhere.chanrobles virtual law library

When the value of the property takes does not exceed 250 pesos, the penalty next lower in

degree shall be imposed.

In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the

property taken is mail matter or large cattle, the offender shall suffer the penalties next

higher in degree than those provided in said articles.chanrobles virtual law library

Art. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private

building. — In the cases enumerated in Articles 299 and 302, when the robbery consists

in the taking of cereals, fruits, or firewood, the culprit shall suffer the penalty next lower

in degree than that prescribed in said articles.chanrobles virtual law library

Art. 304. Possession of picklocks or similar tools. — Any person who shall without

lawful cause have in his possession picklocks or similar tools especially adopted to the

commission of the crime of robbery, shall be punished by arresto mayor in its maximum

period to prision correccional in its minimum period.chanrobles virtual law library

The same penalty shall be imposed upon any person who shall make such tools. If the

offender be a locksmith, he shall suffer the penalty of prision correccional in its medium

and maximum periods.chanrobles virtual law library

Art. 305. False keys. — The term "false keys" shall be deemed to include:

1. The tools mentioned in the next preceding articles.chanrobles virtual law library

2. Genuine keys stolen from the owner.chanrobles virtual law library

3. Any keys other than those intended by the owner for use in the lock forcibly opened by

the offender.chanrobles virtual law library

Chapter Two

BRIGANDAGE

Art. 306. Who are brigands; Penalty. — When more than three armed persons form a

band of robbers for the purpose of committing robbery in the highway, or kidnapping

persons for the purpose of extortion or to obtain ransom or for any other purpose to be

attained by means of force and violence, they shall be deemed highway robbers or

brigands.

Persons found guilty of this offense shall be punished by prision mayor in its medium

period to reclusion temporal in its minimum period if the act or acts committed by them

are not punishable by higher penalties, in which case, they shall suffer such high

penalties.chanrobles virtual law library

If any of the arms carried by any of said persons be an unlicensed firearms, it shall be

presumed that said persons are highway robbers or brigands, and in case of convictions

the penalty shall be imposed in the maximum period.chanrobles virtual law library

Art. 307. Aiding and abetting a band of brigands. — Any person knowingly and in any

manner aiding, abetting or protecting a band of brigands as described in the next

preceding article, or giving them information of the movements of the police or other

peace officers of the Government (or of the forces of the United States Army), when the

latter are acting in aid of the Government, or acquiring or receiving the property taken by

such brigands shall be punished by prision correccional in its medium period to prision

mayor in its minimum period.chanrobles virtual law library

It shall be presumed that the person performing any of the acts provided in this article has

performed them knowingly, unless the contrary is proven.chanrobles virtual law library

Chapter Three

THEFT

Art. 308. Who are liable for theft. — Theft is committed by any person who, with intent

to gain but without violence against or intimidation of persons nor force upon things,

shall take personal property of another without the latter's consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the local

authorities or to its owner;

2. Any person who, after having maliciously damaged the property of another, shall

remove or make use of the fruits or object of the damage caused by him; and

3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or

which belongs to another and without the consent of its owner, shall hunt or fish upon the

same or shall gather cereals, or other forest or farm products.chanrobles virtual law

library

Art. 309. Penalties. — Any person guilty of theft shall be punished by:

1. The penalty of prision mayor in its minimum and medium periods, if the value of the

thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value

of the thing stolen exceeds the latter amount the penalty shall be the maximum period of

the one prescribed in this paragraph, and one year for each additional ten thousand pesos,

but the total of the penalty which may be imposed shall not exceed twenty years. In such

cases, and in connection with the accessory penalties which may be imposed and for the

purpose of the other provisions of this Code, the penalty shall be termed prision mayor or

reclusion temporal, as the case may be.chanrobles virtual law library

2. The penalty of prision correccional in its medium and maximum periods, if the value of

the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.chanrobles

virtual law library

3. The penalty of prision correccional in its minimum and medium periods, if the value of

the property stolen is more than 200 pesos but does not exceed 6,000 pesos.chanrobles

virtual law library

4. Arresto mayor in its medium period to prision correccional in its minimum period, if

the value of the property stolen is over 50 pesos but does not exceed 200 pesos.chanrobles

virtual law library

5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50


6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5


7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the

circumstances enumerated in paragraph 3 of the next preceding article and the value of

the thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provision

of any of the five preceding subdivisions shall be made applicable.chanrobles virtual law

library

8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value

of the thing stolen is not over 5 pesos, and the offender shall have acted under the impulse

of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or

his family.chanrobles virtual law library

Art. 310. Qualified theft. — The crime of theft shall be punished by the penalties next

higher by two degrees than those respectively specified in the next preceding article, if

committed by a domestic servant, or with grave abuse of confidence, or if the property

stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the

premises of the plantation or fish taken from a fishpond or fishery, or if property is taken

on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity,

vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg. 71. May

1, 1980).

Art. 311. Theft of the property of the National Library and National Museum. — If the

property stolen be any property of the National Library or the National Museum, the

penalty shall be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a

higher penalty should be provided under other provisions of this Code, in which case, the

offender shall be punished by such higher penalty.chanrobles virtual law library

Chapter Four

USURPATION

Art. 312. Occupation of real property or usurpation of real rights in property.— Any

person who, by means of violence against or intimidation of persons, shall take

possession of any real property or shall usurp any real rights in property belonging to

another, in addition to the penalty incurred for the acts of violence executed by him, shall

be punished by a fine from 50 to 100 per centum of the gain which he shall have

obtained, but not less than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be


Art. 313. Altering boundaries or landmarks. — Any person who shall alter the boundary

marks or monuments of towns, provinces, or estates, or any other marks intended to

designate the boundaries of the same, shall be punished by arresto menor or a fine not

exceeding 100 pesos, or both.chanrobles virtual law library

Chapter Five

CULPABLE INSOLVENCY

Art. 314. Fraudulent insolvency. — Any person who shall abscond with his property to

the prejudice of his creditors, shall suffer the penalty of prision mayor, if he be a merchant

and the penalty of prision correccional in its maximum period to prision mayor in its

medium period, if he be not a merchant.

Chapter Six

SWINDLING AND OTHER DECEITS

Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the

means mentioned hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its

minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed

22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this

paragraph shall be imposed in its maximum period, adding one year for each additional

10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years.

In such cases, and in connection with the accessory penalties which may be imposed

under the provisions of this Code, the penalty shall be termed prision mayor or reclusion

temporal, as the case may be.chanrobles virtual law library

2nd. The penalty of prision correccional in its minimum and medium periods, if the

amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its

minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos,

provided that in the four cases mentioned, the fraud be committed by any of the following

means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender

shall deliver by virtue of an obligation to do so, even though such obligation be based on

an immoral or illegal consideration.chanrobles virtual law library

(b) By misappropriating or converting, to the prejudice of another, money, goods, or any

other personal property received by the offender in trust or on commission, or for

administration, or under any other obligation involving the duty to make delivery of or to

return the same, even though such obligation be totally or partially guaranteed by a bond;

or by denying having received such money, goods, or other property.chanrobles virtual

law librarychan robles virtual law library

(c) By taking undue advantage of the signature of the offended party in blank, and by

writing any document above such signature in blank, to the prejudice of the offended

party or of any third person.chanrobles virtual law library

2. By means of any of the following false pretenses or fraudulent acts executed prior to or

simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence,

qualifications, property, credit, agency, business or imaginary transactions, or by means of

other similar deceits.chanrobles virtual law library

(b) By altering the quality, fineness or weight of anything pertaining to his art or

business.chanrobles virtual law library

(c) By pretending to have bribed any Government employee, without prejudice to the

action for calumny which the offended party may deem proper to bring against the

offender. In this case, the offender shall be punished by the maximum period of the


(d) [By post-dating a check, or issuing a check in payment of an obligation when the

offender therein were not sufficient to cover the amount of the check. The failure of the

drawer of the check to deposit the amount necessary to cover his check within three (3)

days from receipt of notice from the bank and/or the payee or holder that said check has

been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit

constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June

17, 1967.)]

(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant,

boarding house, lodging house, or apartment house and the like without paying therefor,

with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel,

inn, restaurant, boarding house, lodging house, or apartment house by the use of any false

pretense, or by abandoning or surreptitiously removing any part of his baggage from a

hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining

credit, food, refreshment or accommodation therein without paying for his food,

refreshment or accommodation.chanrobles virtual law library

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.chanrobles virtual law

library

(b) By resorting to some fraudulent practice to insure success in a gambling

game.chanrobles virtual law library

(c) By removing, concealing or destroying, in whole or in part, any court record, office

files, document or any other papers.chanrobles virtual law library

Art. 316. Other forms of swindling. — The penalty of arresto mayor in its minimum and

medium period and a fine of not less than the value of the damage caused and not more

than three times such value, shall be imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey, sell,

encumber or mortgage the same.chanrobles virtual law library

2. Any person, who, knowing that real property is encumbered, shall dispose of the same,

although such encumbrance be not recorded.chanrobles virtual law library

3. The owner of any personal property who shall wrongfully take it from its lawful

possessor, to the prejudice of the latter or any third person.chanrobles virtual law library

4. Any person who, to the prejudice of another, shall execute any fictitious

contract.chanrobles virtual law library

5. Any person who shall accept any compensation given him under the belief that it was

in payment of services rendered or labor performed by him, when in fact he did not

actually perform such services or labor.chanrobles virtual law library

6. Any person who, while being a surety in a bond given in a criminal or civil action,

without express authority from the court or before the cancellation of his bond or before

being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other

manner, encumber the real property or properties with which he guaranteed the

fulfillment of such obligation.chanrobles virtual law library

Art. 317. Swindling a minor. — Any person who taking advantage of the inexperience or

emotions or feelings of a minor, to his detriment, shall induce him to assume any

obligation or to give any release or execute a transfer of any property right in

consideration of some loan of money, credit or other personal property, whether the loan

clearly appears in the document or is shown in any other form, shall suffer the penalty of

arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the

obligation contracted by the minor.

Art. 318. Other deceits. — The penalty of arresto mayor and a fine of not less than the

amount of the damage caused and not more than twice such amount shall be imposed

upon any person who shall defraud or damage another by any other deceit not mentioned

in the preceding articles of this chapter.chanrobles virtual law library

Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or

take advantage of the credulity of the public in any other similar manner, shall suffer the

penalty of arresto mayor or a fine not exceeding 200 pesos.chanrobles virtual law library

Chapter Seven

CHATTEL MORTGAGE

Art. 319. Removal, sale or pledge of mortgaged property. — The penalty or arresto mayor

or a fine amounting to twice the value of the property shall be imposed upon:

1. Any person who shall knowingly remove any personal property mortgaged under the

Chattel Mortgage Law to any province or city other than the one in which it was located

at the time of the execution of the mortgage, without the written consent of the

mortgagee, or his executors, administrators or assigns.chanrobles virtual law library

2. Any mortgagor who shall sell or pledge personal property already pledged, or any part

thereof, under the terms of the Chattel Mortgage Law, without the consent of the

mortgagee written on the back of the mortgage and noted on the record hereof in the

office of the Register of Deeds of the province where such property is located.chanrobles

virtual law library

Chapter Eight

ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Art. 320. Destructive arson. — The penalty of reclusion temporal in its maximum period

to reclusion perpetua shall be imposed upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance,

storehouse, archives or general museum of the Government.chanrobles virtual law library

2. Any passenger train or motor vehicle in motion or vessel out of port.chanrobles virtual

law library

3. In an inhabited place, any storehouse or factory of inflammable or explosive

materials.chanrobles virtual law library

Art. 321. Other forms of arson. — When the arson consists in the burning of other

property and under the circumstances given hereunder, the offender shall be punishable:

1. By reclusion temporal or reclusion perpetua:

(a) if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or

vessel in port, knowing it to be occupied at the time by one or more persons;

(b) If the building burned is a public building and value of the damage caused exceeds

6,000 pesos;

(c) If the building burned is a public building and the purpose is to destroy evidence kept

therein to be used in instituting prosecution for the punishment of violators of the law,

irrespective of the amount of the damage; chan robles virtual law library

(d) If the building burned is a public building and the purpose is to destroy evidence kept

therein to be used in legislative, judicial or administrative proceedings, irrespective of the

amount of the damage; Provided, however, That if the evidence destroyed is to be used

against the defendant for the prosecution of any crime punishable under existing laws, the

penalty shall be reclusion perpetua;

(e) If the arson shall have been committed with the intention of collecting under an

insurance policy against loss or damage by fire.chanrobles virtual law library

2. By reclusion temporal:

(a) If an inhabited house or any other building in which people are accustomed to meet is

set on fire, and the culprit did not know that such house or building was occupied at the

time, or if he shall set fire to a moving freight train or motor vehicle, and the value of the

damage caused exceeds 6,000 pesos;

(b) If the value of the damage caused in paragraph (b) of the preceding subdivision does

not exceed 6,000 pesos;

(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation

is set on fire and the damage caused exceeds 6,000 pesos; and

(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the damage

caused exceeds 6,000 pesos.chanrobles virtual law library

3. By prision mayor:

(a) If the value of the damage caused in the case mentioned in paragraphs (a), (c), and (d)

in the next preceding subdivision does not exceed 6,000 pesos;

(b) If a building not used as a dwelling or place of assembly, located in a populated place,

is set on fire, and the damage caused exceeds 6,000 pesos;

4. By prision correccional in its maximum period to prision mayor in its medium period:

(a) If a building used as dwelling located in an uninhabited place is set on fire and the

damage caused exceeds 1,000 pesos;

(b) If the value or the damage caused in the case mentioned in paragraphs (c) and (d) of

subdivision 2 of this article does not exceed 200 pesos.chanrobles virtual law library

5. By prision correccional in its medium period to prision mayor in its minimum period,

when the damage caused is over 200 pesos but does not exceed 1,000 pesos, and the

property referred to in paragraph (a) of the preceding subdivision is set on fire; but when

the value of such property does not exceed 200 pesos, the penalty next lower in degree

than that prescribed in this subdivision shall be imposed.chanrobles virtual law library

6. The penalty of prision correccional in its medium and maximum periods, if the damage

caused in the case mentioned in paragraph (b) of subdivision 3 of this article does not

exceed 6,000 pesos but is over 200 pesos.chanrobles virtual law library

7. The penalty of prision correccional in its minimum and medium periods, if the damage

caused in the case mentioned paragraph (b) subdivision 3 of this article does not exceed

200 pesos.chanrobles virtual law library

8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum if

the damage caused shall be imposed, when the property burned consists of grain fields,

pasture lands, forests, or plantations when the value of such property does not exceed 200

pesos.(As amended by R.A. 5467, approved May 12, 1969).

Art. 322. Cases of arson not included in the preceding articles. — Cases of arson not

included in the next preceding articles shall be punished:

1. By arresto mayor in its medium and maximum periods, when the damage caused does

not exceed 50 pesos;

2. By arresto mayor in its maximum period to prision correccional in its minimum period,

when the damage caused is over 50 pesos but does not exceed 200 pesos;

3. By prision correccional in its minimum and medium periods, if the damage caused is

over 200 pesos but does not exceed 1,000 pesos; and

4. By prision correccional in its medium and maximum periods, if it is over 1,000


Art. 323. Arson of property of small value. — The arson of any uninhabited hut,

storehouse, barn, shed, or any other property the value of which does not exceed 25

pesos, committed at a time or under circumstances which clearly exclude all danger of the

fire spreading, shall not be punished by the penalties respectively prescribed in this

chapter, but in accordance with the damage caused and under the provisions of the

following chapter.

Art. 324. Crimes involving destruction. — Any person who shall cause destruction by

means of explosion, discharge of electric current, inundation, sinking or stranding of a

vessel, intentional damaging of the engine of said vessel, taking up the rails from a

railway track, maliciously changing railway signals for the safety of moving trains,

destroying telegraph wires and telegraph posts, or those of any other system, and, in

general, by using any other agency or means of destruction as effective as those above

enumerated, shall be punished by reclusion temporal if the commission has endangered

the safety of any person, otherwise, the penalty of prision mayor shall be


Art. 325. Burning one's own property as means to commit arson. — Any person guilty of

arson or causing great destruction of the property belonging to another shall suffer the

penalties prescribed in this chapter, even though he shall have set fire to or destroyed his

own property for the purposes of committing the crime.chanrobles virtual law library

Art. 326. Setting fire to property exclusively owned by the offender. — If the property

burned shall be the exclusive property of the offender, he shall be punished by arresto

mayor in its maximum period to prision correccional in its minimum period, if the arson

shall have been committed for the purpose of defrauding or causing damage to another, or

prejudice shall actually have been caused, or if the thing burned shall have been a

building in an inhabited place.chanrobles virtual law library

Art. 326-A. In cases where death resulted as a consequence of arson. — If death resulted

as a consequence of arson committed on any of the properties and under any of the

circumstances mentioned in the preceding articles, the court shall impose the death


Art. 326-B. Prima facie evidence of arson. — Any of the following circumstances shall

constitute prima facie evidence of arson:

1. If after the fire, are found materials or substances soaked in gasoline, kerosene,

petroleum, or other inflammables, or any mechanical, electrical chemical or traces or any

of the foregoing.chanrobles virtual law library

2. That substantial amount of inflammable substance or materials were stored within the

building not necessary in the course of the defendant's business; and

3. That the fire started simultaneously in more than one part of the building or locale

under circumstances that cannot normally be due to accidental or unintentional causes:

Provided, however, That at least one of the following is present in any of the three above-

mentioned circumstances:

(a) That the total insurance carried on the building and/or goods is more than 80 per cent

of the value of such building and/or goods at the time of the fire;

(b) That the defendant after the fire has presented a fraudulent claim for loss.chanrobles

virtual law library

The penalty of prision correccional shall be imposed on one who plants the articles

above-mentioned, in order to secure a conviction, or as a means of extortion or coercion.

(As amended by R.A. 5467, approved May 12, 1969).

[click here for the full text ofPRESIDENTIAL DECREE NO. 1613AMENDING THE LAW ON ARSON]

[Click here for the full text ofPRESIDENTIAL DECREE NO. 1744

AMENDING ARTICLE THREE HUNDRED AND TWENTY OFTHE REVISED PENAL CODE PROVISIONS ON ARSON]

Chapter Nine

MALICIOUS MISCHIEF

Art. 327. Who are liable for malicious mischief. — Any person who shall deliberately

cause the property of another any damage not falling within the terms of the next

preceding chapter shall be guilty of malicious mischief.

Art. 328. Special cases of malicious mischief. — Any person who shall cause damage to

obstruct the performance of public functions, or using any poisonous or corrosive

substance; or spreading any infection or contagion among cattle; or who cause damage to

the property of the National Museum or National Library, or to any archive or registry,

waterworks, road, promenade, or any other thing used in common by the public, shall be

punished:

1. By prision correccional in its minimum and medium periods, if the value of the damage

caused exceeds 1,000 pesos;

2. By arresto mayor, if such value does not exceed the abovementioned amount but it is

over 200 pesos; and

3. By arresto menor, in such value does not exceed 200 pesos.chanrobles virtual law

library

Art. 329. Other mischiefs. — The mischiefs not included in the next preceding article

shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of the damage

caused exceeds 1,000 pesos;

2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos

but does not exceed 1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage caused and not more

than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be

estimated.chanrobles virtual law library

Art. 330. Damage and obstruction to means of communication. — The penalty of prision

correccional in its medium and maximum periods shall be imposed upon any person who

shall damage any railway, telegraph or telephone lines.

If the damage shall result in any derailment of cars, collision or other accident, the

penalty of prision mayor shall be imposed, without prejudice to the criminal liability of

the offender for the other consequences of his criminal act.chanrobles virtual law library

For the purpose of the provisions of the article, the electric wires, traction cables, signal

system and other things pertaining to railways, shall be deemed to constitute an integral

part of a railway system.chanrobles virtual law library

Art. 331. Destroying or damaging statues, public monuments or paintings.— Any person

who shall destroy or damage statues or any other useful or ornamental public monument

shall suffer the penalty of arresto mayor in its medium period to prision correccional in its

minimum period.chanrobles virtual law library

Any person who shall destroy or damage any useful or ornamental painting of a public

nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or both

such fine and imprisonment, in the discretion of the court.chanrobles virtual law library

Chapter Ten

EXEMPTION FROM CRIMINAL LIABILITY

IN CRIMES AGAINST PROPERTY

Art. 332. Persons exempt from criminal liability. — No criminal, but only civil liability,

shall result from the commission of the crime of theft, swindling or malicious mischief

committed or caused mutually by the following persons:








1. Spouses, ascendants and descendants, or relatives by affinity in the same

line.chanrobles virtual law library

2. The widowed spouse with respect to the property which belonged to the deceased

spouse before the same shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.chanrobles

virtual law library

The exemption established by this article shall not be applicable to strangers participating

in the commission of the crime.

Title Eleven

CRIMES AGAINST CHASTITY

Chapter One

ADULTERY AND CONCUBINAGE

Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman

who shall have sexual intercourse with a man not her husband and by the man who has

carnal knowledge of her knowing her to be married, even if the marriage be subsequently

declared void.

Adultery shall be punished by prision correccional in its medium and maximum


If the person guilty of adultery committed this offense while being abandoned without

justification by the offended spouse, the penalty next lower in degree than that provided

in the next preceding paragraph shall be imposed.chanrobles virtual law library

Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal

dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman

who is not his wife, or shall cohabit with her in any other place, shall be punished by

prision correccional in its minimum and medium periods.chanrobles virtual law library

The concubine shall suffer the penalty of destierro.chanrobles virtual law library

Chapter Two

RAPE AND ACTS OF LASCIVIOUSNESS

Art. 335. When and how rape is committed. — Rape is committed by having carnal

knowledge of a woman under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age, even though neither of the

circumstances mentioned in the two next preceding paragraphs shall be

present.chanrobles virtual law library

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or

more persons, the penalty shall be reclusion perpetua to death.chanrobles virtual law

library

When by reason or on the occasion of the rape, the victim has become insane, the penalty

shall be death.chanrobles virtual law library

When rape is attempted or frustrated and a homicide is committed by reason or on the

occasion thereof, the penalty shall be likewise death.chanrobles virtual law library

When by reason or on the occasion of the rape, a homicide is committed, the penalty shall

be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved

June 20, 1964).

Art. 336. Acts of lasciviousness. — Any person who shall commit any act of

lasciviousness upon other persons of either sex, under any of the circumstances

mentioned in the preceding article, shall be punished by prision correccional.chanrobles

virtual law library

Chapter Three

SEDUCTION, CORRUPTION OF MINORS

AND WHITE SLAVE TRADE

Art. 337. Qualified seduction. — The seduction of a virgin over twelve years and under

eighteen years of age, committed by any person in public authority, priest, home-servant,

domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with

the education or custody of the woman seduced, shall be punished by prision correccional

in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon any person who shall seduce his

sister or descendant, whether or not she be a virgin or over eighteen years of

age.chanrobles virtual law library

Under the provisions of this Chapter, seduction is committed when the offender has carnal

knowledge of any of the persons and under the circumstances described herein.chanrobles

virtual law library

Art. 338. Simple seduction. — The seduction of a woman who is single or a widow of

good reputation, over twelve but under eighteen years of age, committed by means of

deceit, shall be punished by arresto mayor.chanrobles virtual law library

Art. 339. Acts of lasciviousness with the consent of the offended party. — The penalty of

arresto mayor shall be imposed to punish any other acts of lasciviousness committed by

the same persons and the same circumstances as those provided in Articles 337 and

338.chanrobles virtual law library chan robles virtual law library

Art. 340. Corruption of minors. — Any person who shall promote or facilitate the

prostitution or corruption of persons underage to satisfy the lust of another, shall be

punished by prision mayor, and if the culprit is a pubic officer or employee, including

those in government-owned or controlled corporations, he shall also suffer the penalty of

temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92).

Art. 341. White slave trade. — The penalty of prision mayor in its medium and maximum

period shall be imposed upon any person who, in any manner, or under any pretext, shall

engage in the business or shall profit by prostitution or shall enlist the services of any

other for the purpose of prostitution (As amended by Batas Pambansa Blg. 186.)

Chapter Four

ABDUCTION

Art. 342. Forcible abduction. — The abduction of any woman against her will and with

lewd designs shall be punished by reclusion temporal.

The same penalty shall be imposed in every case, if the female abducted be under twelve

years of age.chanrobles virtual law library

Art. 343. Consented abduction. — The abduction of a virgin over twelve years and under

eighteen years of age, carried out with her consent and with lewd designs, shall be

punished by the penalty of prision correccional in its minimum and medium


Chapter Five

PROVISIONS RELATIVE TO THE PRECEDING

CHAPTERS OF TITLE ELEVEN

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape

and acts of lasciviousness. — The crimes of adultery and concubinage shall not be

prosecuted except upon a complaint filed by the offended spouse.

The offended party cannot institute criminal prosecution without including both the guilty

parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the

offenders.chanrobles virtual law library

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be

prosecuted except upon a complaint filed by the offended party or her parents,

grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned

by the above named persons, as the case may be.chanrobles virtual law library

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the

offender with the offended party shall extinguish the criminal action or remit the penalty

already imposed upon him. The provisions of this paragraph shall also be applicable to

the co-principals, accomplices and accessories after the fact of the above-mentioned

crimes.chanrobles virtual law library

Art. 345. Civil liability of persons guilty of crimes against chastity. — Person guilty of

rape, seduction or abduction, shall also be sentenced:

1. To indemnify the offended woman.chanrobles virtual law library

2. To acknowledge the offspring, unless the law should prevent him from so

doing.chanrobles virtual law library

3. In every case to support the offspring.chanrobles virtual law library

The adulterer and the concubine in the case provided for in Articles 333 and 334 may also

be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for

damages caused to the offended spouse.

Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the

custody of the offended party. — The ascendants, guardians, curators, teachers and any

person who, by abuse of authority or confidential relationships, shall cooperate as

accomplices in the perpetration of the crimes embraced in chapters, second, third and

fourth, of this title, shall be punished as principals.chanrobles virtual law library chan

robles virtual law library

Teachers or other persons in any other capacity entrusted with the education and guidance

of youth, shall also suffer the penalty of temporary special disqualification in its

maximum period to perpetual special disqualification.chanrobles virtual law library

Any person falling within the terms of this article, and any other person guilty of

corruption of minors for the benefit of another, shall be punished by special

disqualification from filling the office of guardian.chanrobles virtual law library

Title Twelve

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Chapter one

SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Art. 347. Simulation of births, substitution of one child for another and concealment or

abandonment of a legitimate child. — The simulation of births and the substitution of one

child for another shall be punished by prision mayor and a fine of not exceeding 1,000


The same penalties shall be imposed upon any person who shall conceal or abandon any

legitimate child with intent to cause such child to lose its civil status.chanrobles virtual

law library

Any physician or surgeon or public officer who, in violation of the duties of his

profession or office, shall cooperate in the execution of any of the crimes mentioned in

the two next preceding paragraphs, shall suffer the penalties therein prescribed and also

the penalty of temporary special disqualification.chanrobles virtual law library

Art. 348. Usurpation of civil status. — The penalty of prision mayor shall be imposed

upon any person who shall usurp the civil status of another, should he do so for the

purpose of defrauding the offended part or his heirs; otherwise, the penalty of prision

correccional in its medium and maximum periods shall be imposed.chanrobles virtual law

library

Chapter Two

ILLEGAL MARRIAGES

Art. 349. Bigamy. — The penalty of prision mayor shall be imposed upon any person

who shall contract a second or subsequent marriage before the former marriage has been

legally dissolved, or before the absent spouse has been declared presumptively dead by

means of a judgment rendered in the proper proceedings.

Art. 350. Marriage contracted against provisions of laws. — The penalty of prision

correccional in its medium and maximum periods shall be imposed upon any person who,

without being included in the provisions of the next proceeding article, shall have not

been complied with or that the marriage is in disregard of a legal impediment.chanrobles

virtual law library

If either of the contracting parties shall obtain the consent of the other by means of

violence, intimidation or fraud, he shall be punished by the maximum period of the

penalty provided in the next preceding paragraph.chanrobles virtual law library

Art. 351. Premature marriages. — Any widow who shall marry within three hundred and

one day from the date of the death of her husband, or before having delivered if she shall

have been pregnant at the time of his death, shall be punished by arresto mayor and a fine


The same penalties shall be imposed upon any woman whose marriage shall have been

annulled or dissolved, if she shall marry before her delivery or before the expiration of the

period of three hundred and one day after the legal separation.chanrobles virtual law

library

Art. 352. Performance of illegal marriage ceremony. — Priests or ministers of any

religious denomination or sect, or civil authorities who shall perform or authorize any

illegal marriage ceremony shall be punished in accordance with the provisions of the

Marriage Law.chanrobles virtual law library

Title Thirteen

CRIMES AGAINST HONOR

Chapter One

LIBEL

Section One. — Definitions, forms, and punishment of this crime.chanrobles virtual law

library

Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or

of a vice or defect, real or imaginary, or any act, omission, condition, status, or

circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical

person, or to blacken the memory of one who is dead.

Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be

malicious, even if it be true, if no good intention and justifiable motive for making it is

shown, except in the following cases:

1. A private communication made by any person to another in the performance of any

legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of any

judicial, legislative or other official proceedings which are not of confidential nature, or

of any statement, report or speech delivered in said proceedings, or of any other act

performed by public officers in the exercise of their functions.chanrobles virtual law

library

Art. 355. Libel means by writings or similar means. — A libel committed by means of

writing, printing, lithography, engraving, radio, phonograph, painting, theatrical

exhibition, cinematographic exhibition, or any similar means, shall be punished by prision

correccional in its minimum and medium periods or a fine ranging from 200 to 6,000

pesos, or both, in addition to the civil action which may be brought by the offended party.

Art. 356. Threatening to publish and offer to present such publication for a compensation.

— The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be

imposed upon any person who threatens another to publish a libel concerning him or the

parents, spouse, child, or other members of the family of the latter or upon anyone who

shall offer to prevent the publication of such libel for a compensation or money

consideration.chanrobles virtual law library

Art. 357. Prohibited publication of acts referred to in the course of official proceedings.

— The penalty of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be

imposed upon any reporter, editor or manager or a newspaper, daily or magazine, who

shall publish facts connected with the private life of another and offensive to the honor,

virtue and reputation of said person, even though said publication be made in connection

with or under the pretext that it is necessary in the narration of any judicial or

administrative proceedings wherein such facts have been mentioned.chanrobles virtual

law library

Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum

period to prision correccional in its minimum period if it is of a serious and insulting

nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200


Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum period to

prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos

shall be imposed upon any person who shall perform any act not included and punished in

this title, which shall cast dishonor, discredit or contempt upon another person. If said act

is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200


Section Two. — General provisions

Art. 360. Persons responsible. — Any person who shall publish, exhibit, or cause the

publication or exhibition of any defamation in writing or by similar means, shall be

responsible for the same.

The author or editor of a book or pamphlet, or the editor or business manager of a daily

newspaper, magazine or serial publication, shall be responsible for the defamations

contained therein to the same extent as if he were the author thereof.chanrobles virtual

law library

The criminal and civil action for damages in cases of written defamations as provided for

in this chapter, shall be filed simultaneously or separately with the court of first instance

of the province or city where the libelous article is printed and first published or where

any of the offended parties actually resides at the time of the commission of the offense:

Provided, however, That where one of the offended parties is a public officer whose

office is in the City of Manila at the time of the commission of the offense, the action

shall be filed in the Court of First Instance of the City of Manila, or of the city or

province where the libelous article is printed and first published, and in case such public

officer does not hold office in the City of Manila, the action shall be filed in the Court of

First Instance of the province or city where he held office at the time of the commission

of the offense or where the libelous article is printed and first published and in case one of

the offended parties is a private individual, the action shall be filed in the Court of First

Instance of the province or city where he actually resides at the time of the commission of

the offense or where the libelous matter is printed and first published: Provided, further,

That the civil action shall be filed in the same court where the criminal action is filed and

vice versa: Provided, furthermore, That the court where the criminal action or civil action

for damages is first filed, shall acquire jurisdiction to the exclusion of other courts: And,

provided, finally, That this amendment shall not apply to cases of written defamations, the

civil and/or criminal actions which have been filed in court at the time of the effectivity of

this law.chanrobles virtual law library

Preliminary investigation of criminal action for written defamations as provided for in the

chapter shall be conducted by the provincial or city fiscal of the province or city, or by the

municipal court of the city or capital of the province where such action may be instituted

in accordance with the provisions of this article.chanrobles virtual law library

No criminal action for defamation which consists in the imputation of a crime which

cannot be prosecuted de oficio shall be brought except at the instance of and upon

complaint expressly filed by the offended party. (As amended by R.A. 1289, approved

June 15, 1955, R.A. 4363, approved June 19, 1965).

Art. 361. Proof of the truth. — In every criminal prosecution for libel, the truth may be

given in evidence to the court and if it appears that the matter charged as libelous is true,

and, moreover, that it was published with good motives and for justifiable ends, the

defendants shall be acquitted.chanrobles virtual law library

Proof of the truth of an imputation of an act or omission not constituting a crime shall not

be admitted, unless the imputation shall have been made against Government employees

with respect to facts related to the discharge of their official duties.chanrobles virtual law

library

In such cases if the defendant proves the truth of the imputation made by him, he shall be

acquitted.chanrobles virtual law library

Art. 362. Libelous remarks. — Libelous remarks or comments connected with the matter

privileged under the provisions of Article 354, if made with malice, shall not exempt the

author thereof nor the editor or managing editor of a newspaper from criminal

liability.chanrobles virtual law library

Chapter Two

INCRIMINATORY MACHINATIONS

Art. 363. Incriminating innocent person. — Any person who, by any act not constituting

perjury, shall directly incriminate or impute to an innocent person the commission of a

crime, shall be punished by arresto menor.

Art. 364. Intriguing against honor. — The penalty of arresto menor or fine not exceeding

200 pesos shall be imposed for any intrigue which has for its principal purpose to blemish

the honor or reputation of a person.chanrobles virtual law library

Title Fourteen

QUASI-OFFENSES

Sole Chapter

CRIMINAL NEGLIGENCE

Art. 365. Imprudence and negligence. — Any person who, by reckless imprudence, shall

commit any act which, had it been intentional, would constitute a grave felony, shall

suffer the penalty of arresto mayor in its maximum period to prision correccional in its

medium period; if it would have constituted a less grave felony, the penalty of arresto

mayor in its minimum and medium periods shall be imposed; if it would have constituted

a light felony, the penalty of arresto menor in its maximum period shall be imposed.

Any person who, by simple imprudence or negligence, shall commit an act which would

http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm#Republic%20Act%20No.%204363

otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its

medium and maximum periods; if it would have constituted a less serious felony, the

penalty of arresto mayor in its minimum period shall be imposed.chanrobles virtual law

library

When the execution of the act covered by this article shall have only resulted in damage

to the property of another, the offender shall be punished by a fine ranging from an

amount equal to the value of said damages to three times such value, but which shall in no

case be less than twenty-five pesos.chanrobles virtual law library

A fine not exceeding two hundred pesos and censure shall be imposed upon any person

who, by simple imprudence or negligence, shall cause some wrong which, if done

maliciously, would have constituted a light felony.chanrobles virtual law library

In the imposition of these penalties, the court shall exercise their sound discretion,

without regard to the rules prescribed in Article sixty-four.chanrobles virtual law library

The provisions contained in this article shall not be applicable:

1. When the penalty provided for the offense is equal to or lower than those provided in

the first two paragraphs of this article, in which case the court shall impose the penalty

next lower in degree than that which should be imposed in the period which they may

deem proper to apply.chanrobles virtual law library

2. When, by imprudence or negligence and with violation of the Automobile Law, to

death of a person shall be caused, in which case the defendant shall be punished by

prision correccional in its medium and maximum periods.chanrobles virtual law library

Reckless imprudence consists in voluntary, but without malice, doing or falling to do an

act from which material damage results by reason of inexcusable lack of precaution on

the part of the person performing of failing to perform such act, taking into consideration

his employment or occupation, degree of intelligence, physical condition and other

circumstances regarding persons, time and place.

Simple imprudence consists in the lack of precaution displayed in those cases in which

the damage impending to be caused is not immediate nor the danger clearly

manifest.chanrobles virtual law library

The penalty next higher in degree to those provided for in this article shall be imposed

upon the offender who fails to lend on the spot to the injured parties such help as may be

in this hand to give. (As amended by R.A. 1790, approved June 21, 1957).

FINAL PROVISIONS

Art. 366. Application of laws enacted prior to this Code. — Without prejudice to the

provisions contained in Article 22 of this Code, felonies and misdemeanors, committed

prior to the date of effectiveness of this Code shall be punished in accordance with the

Code or Acts in force at the time of their commission.

Art. 367. Repealing Clause. — Except as is provided in the next preceding article, the

present Penal Code, the Provisional Law for the application of its provisions, and Acts

Nos. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, 1773,

2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364, 2549, 2557, 2595, 2609, 2718,

3103, 3195, 3244, 3298, 3309, 3313, 3397, 3559, and 3586, are hereby

repealed.chanrobles virtual law library

The provisions of the Acts which are mentioned hereunder are also repealed, namely:

Act 666, Sections 6 and 18.chanrobles virtual law library

Act 1508, Sections 9, 10, 11, and 12.chanrobles virtual law library

Act 1524, Sections 1, 2, and 6.chanrobles virtual law library

Act 1697, Sections 3 and 4.chanrobles virtual law library

Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.chanrobles virtual law

library

Act 2381, Sections 2, 3, 4, 6, 8, and 9.chanrobles virtual law library

Act 2711, Sections 102, 2670, 2671, and 2672. chan robles virtual law library

Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58, series of 1900, Section


And all laws and parts of laws which are contrary to the provisions of this Code are

hereby repealed.

Approved: December 8, 1930

Title of acts repealed by the Revised Penal Code are:

1. Act No. 277. Law on Libel and threats to publish libel, etc., now provided for in Arts.

353, 362.

2. Act No. 292, amended by Act No. 1692. Law defining and penalizing the crimes of

treason, insurrection, sedition, etc., now provided for in Arts. 114-116 and Arts 134-


3. Act No. 480. Law governing cockfighting and cockpits, now governed by Art. 199 and

special laws.chanrobles virtual law library

4. Act No. 518, amended by Act Nos. 1121 and 2036. Law defining and penalizing

highway robbery or brigandage, now covered by Arts. 306-307.chanrobles virtual law

library

5. Act No. 519. Law on vagrancy now penalized by Art. 202.chanrobles virtual law

library

6. Act No. 666, Secs. and 6 and 18. Law on trade-marks and trade-names now provided

for in Arts. 188-189.chanrobles virtual law library

7. Act No. 899, Law regarding suspension on sentence, etc., upon U.S.

citizens.chanrobles virtual law library

8. Act No. 1438, amended by Act Nos. 3203, 3309, and 3559, provisions governing

juvenile offenders and delinquent children, their care and custody, now governed by Art.


9. Act No. 1508, Secs. 9, 10, 11, and 12. The Chattel Mortgage Law, now penalized in

Art. 319.chanrobles virtual law library

10. Act No. 1523. Law prohibiting importation, sale etc., of lottery tickets and lottery,

now penalized in Arts. 195-196.chanrobles virtual law library

11. Act No. 1524. Sec. 4. Law governing discretion of Governor-General in granting

conditional pardons, now covered by Art. 159.chanrobles virtual law library

12. Act No. 15533, Secs. 1, 2, and 6 amended by Act No. 1559. Law providing for

diminution of sentences by reason of good conduct and diligence, now governed by Art.

97.chanrobles virtual law library chan robles virtual law library

13. Act No. 1697, Secs. 3 and 4. Act for the punishment of perjury in official

investigations, now provided for in Arts. 180-183.chanrobles virtual law library

14. Act No. 1754. Law on counterfeiting and forgery, now defined and penalized in Arts.

160-169.chanrobles virtual law library

15. Act No. 1775. Act penalizing crimes against legislative bodies, now provided for in

Arts. 143-145.chanrobles virtual law library

16. Act No. 1757. Secs. 1, 2, 3, 4, 5, 6, 7, (first clause), 11 and 12 amended by Act No.

3242. Act prohibiting gambling, now provided for in Arts. 195-199.chanrobles virtual law

library

17. Act No. 1173. Law on the crime of adulterio, estupro, rapto, violacion, calumnia,

injuria, etc., now governed by Arts. 333-346.chanrobles virtual law library

18. Act Nos. 2071 and 2300. Act governing slavery, involuntary servitude, peonage, and

the sale or purchase of human beings, now penalized in Arts. 272-274.chanrobles virtual

law library

19. Act No. 2212. Act providing for the confiscation and disposition of money, articles,

instruments, appliances and devices in gambling, now provided for in Art. 45.chanrobles

virtual law library

20. Act No. 293. Act penalizing willful destruction, injury, or taking or carrying away any

property of the Philippine Library, now provided for in Art. 311.chanrobles virtual law

library

21. Act No. 2364. Act penalizing infidelity in the custody of prisoners detained for or a

convicted of a crime, now governed by Arts. 223-225.chanrobles virtual law library

22. Act No. 2381. Secs. 2, 3, 4, 5, 6, 8, and 9. Act restricting the use of opium, etc., now

provided for in Arts. 190-194.chanrobles virtual law library

23. Act No. 2549. Act prohibiting the forcing, compelling, or obliging of any laborer or

other employee to purchase merchandise, commodities, or personal property under certain

conditions, and the payment of wages of a laborer or employee by means of tokens or

objects other than legal tender currency, now penalized by Art. 288, and also governed by

Com. Act No. 303 and the Minimum Wage Law, Rep. Act No. 602, as amended by Rep.

Act. No. 812.chanrobles virtual law library chan robles virtual law library

24. Act No. 2557. Act providing for the allowance to persons convicted of preventive

imprisonment, etc., now embodied in Art. 29.chanrobles virtual law library

25. Act No. 2595. Law fixing prescription of the crime of libel and of a civil action

arising therefrom, now provided in Art. 90.chanrobles virtual law library

26. Act No. 2711, Secs. 102, 2670, 2671, and 2672. Act amending the Revised

Administrative Code.chanrobles virtual law library

27. Act No. 3104 amending Acts 2726. Law governing manner in which the death penalty

shall be executed, now embodied in Arts. 18-85.chanrobles virtual law library

28. Act No. 3586 and 3397. Law governing habitual delinquency, now provided in Art.

62, par. 5.chanrobles virtual law library

29. General Orders No. 58, series of 1900, Sec. 106. Code of Criminal

Procedure.chanrobles virtual law library

30. Other laws repealed by the Revised Penal Code are Acts Nos. 2030, 2142, 2298,

2712, 3195, 3244, 3298, and 3313, which are merely amendatory laws on the old Penal

Code. chan robles virtual law library

___________________________________________

PRESIDENTIAL DECREE NO. 1602

SIMPLIFYING AND PROVIDING STIFFER PENALTIES FOR

VIOLATIONS OF PHILIPPINE GAMBLING LAWS

WHEREAS, Philippine Gambling Laws particularly Articles 195-199, the Revised Penal

Code, Republic Act No. 3063 (Horse Racing Bookies), Presidential Decree No. 499

(Cockfighting), Presidential Decree No. 483, (Game Fixing), Presidential Decree No.,

519 (Slot Machines) and Presidential Decree No. 1036 (Jai-alai Bookies) and other City

and Municipal Ordinances gambling all over the country have become ineffective and

easily circumvented in view of the confusing and inappropriate system of penalties

imposed on violations thereof.

WHEREAS, there is an urgent need to update these gambling laws for simplicity and

clearer understanding and to standardize and provide stiffer penalties for their violations

to make them more effective and responsive to the present norms of conduct and behavior

of the people.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by

virtue of the powers vested in me by the Constitution and in order to effect the desired

and necessary changes and reforms in the social and economic structure of our society, do

hereby order and declare to be part of the laws of the land, the

following:chanroblesvirtuallawlibrary

Sec. 1. Violations and Penalties. — The penalty of prision mayor in its medium degree or

a fine ranging from Five Hundred Pesos to Two Thousand Pesos and in case of recidivism

the penalty of prision correccional in its medium degree or a fine of ranging from One

Thousand Pesos to Six Thousand Pesos shall be imposed

upon:chanroblesvirtuallawlibrary

(a) Any person other than those referred to in the succeeding subsection who in any

manner, shall directly or indirectly take part in any game of cockfighting, jueteng,

bookies (jai- alai or horse racing to include game fixing) and other lotteries, cara y cruz or

pompiang and the like, black jack, lucky nine, "pusoy" or Russian Poker, monte, baccarat

and other card games, palk que, domino, mahjong, high and low, slot machines, roullette,

pinball and other mechanical inventories or devices, dog racing, boat racing, car raising

and other races, basketball, volleyball, boxing, seven-eleven dice games and the like and

other contests to include game fixing, point shaving and other machinations banking or

percentage game, or any other game or scheme, whether upon chance or skill, which do

not have a franchise from the national government, wherein wagers consisting of money,

articles of value of representative of value are made;

(b) Any person who shall knowingly permit any form of gambling referred to in the

preceding subdivision to be carried on in inhabited or uninhabited places or any building,

vessel or other means of transportation owned or controlled by him. If the place where

gambling is carried on has a reputation of a gambling place or that prohibited gambling is

frequently carried on therein or the place is a public or government building or barangay

hall, the culprit shall be punished by the penalty provided for in its maximum period and

a fine of Six Thousand Pesos.

The penalty of prision correccional in its maximum degree and a fine of Six Thousand

Pesos shall be imposed upon the maintainer, conductor of the above gambling schemes.

The penalty of prision mayor in its medium degree and temporary absolute

disqualification and a fine of Six Thousand Pesos shall be imposed if the maintainer,

conductor or banker is a government official, or if a player, promoter, referee, umpire,

judge or coach in cases of game-fixing, point-shaving and other game machination.

The penalty of prision correccional in its medium degree and a fine ranging from Five

Hundred pesos to Two Thousand Pesos shall be imposed upon any person who shall

knowingly and without lawful purpose in any hour of any day shall have in his possession

any lottery list, paper, or other matter containing letter, figures, signs or symbols which

pertain to or in any manner used in the game of jueteng, jai-alai or horse racing bookies

and similar game or lottery which has taken place or about to take place.

Sec. 2. Barangay Official. — Any barangay official in whose jurisdiction such gambling

house is found and which house has the reputation of a gambling place shall suffer the

penalty of prision correccional in its medium period and a fine ranging from Five

Hundred to Two Thousand Pesos and temporary absolute disqualifications.

Sec. 3. Informer's Reward. — Any person who shall give the information that will lead to

the arrest and final conviction of the offender shall be rewarded an amount equivalent to

Twenty Per Centum (20%) of the cash money confiscated form the offender.

Sec. 4. Repealing Clause. — The provisions of Articles 196, 197, 198 and 199 of the

Revised Penal Code, as amended, Republic Act No. 3063, Presidential Decree Nos. 483,

499, 510, 1306, Letter of Instructions, laws, executive orders, rules and regulations, City

and Municipal Ordinances which are inconsistent with this Decree are hereby repealed or

accordingly modified.

Sec. 5. Effectivity. — This Decree shall take effect immediately upon publication thereof

by the Minister of the Ministry of Public Information at least once in a newspaper of

general circulation.

DONE in the City of Manila, this 11th day of June in the year of Our Lord, nineteen

hundred and seventy-eight.

________________________________________


AMENDING THE LAW ON ARSON

WHEREAS, findings of the police and intelligence agencies of the government reveal

that fires and other crimes involving destruction in Metro Manila and other urban centers

in the country are being perpetuated by criminal syndicates, some of which have foreign

connections;

WHEREAS, the current law on arson suffer from certain inadequacies that impede the

successful enforcement and prosecution of arsonists;

WHEREAS, it is imperative that the high incidence of fires and other crimes involving

destruction be prevented to protect the national economy and preserve the social

economic and political stability of the country;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by

virtue of the powers vested in me by the Constitution do hereby order and decree as part

of the law of the land, the following:chanroblesvirtuallawlibrary

Sec. 1. Arson. — Any person who burns or sets fire to the property of another shall be

punished by Prision mayor.

The same penalty shall be imposed when a person sets fire to his own property under

circumstances which expose to danger the life or property of another.

Sec. 2. Destructive Arson. — The penalty of Reclusion temporal in its maximum period

to Reclusion perpetua shall be imposed if the property burned is any of the


1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored.

2. Any archive, museum, whether public or private or any edifice devoted to culture,

education or social services.

3. Any church or place or worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for

transportation of persons or property.

5. Any building where evidence is kept for use in any legislative, judicial, administrative

or other official proceedings.

6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center,

public or private market, theater or movie house or any similar place or building.

7. Any building, whether used as dwelling or not, situated in a populated or congested

area.

Sec. 3. Other Cases of Arson. — The penalty of Reclusion temporal to Reclusion

perpetua shall be imposed if the property burned is any of the


1. Any building used as offices of the government or any of its agencies;

2. Any uninhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain filed, orchard, bamboo grove or

forest;

5. Any rice mill, cane mill or mill central; and

6. Any railway or bus station, airport, wharf or warehouse.

Sec. 4. Special Aggravating Circumstances in Arson. — The penalty in any case of arson

shall be imposed in its maximum period:chanroblesvirtuallawlibrary

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the

property burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if it is planned or carried out by a group of three

(3) or more persons.

Sec. 5. Where Death Results From Arson. — If by reason of or on the occasion of arson

death results, the penalty of Reclusion perpetua to death shall be imposed.

Sec. 6. Prima Facie Evidence of Arson. — Any of the following circumstances shall

constitute prima facie evidence of arson:chanroblesvirtuallawlibrary

1. If the fire started simultaneously in more than one part of the building or establishment.

2. If substantial amount of flammable substances or materials are stored within the

building not necessary in the business of the offender nor for household use.

3. Gasoline, kerosene, petroleum or other flammable or combustible substances or

materials soaked therewith or containers, thereof, or any mechanical, electrical, chemical,

or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing

are found in the ruins or premises of the burned building or property.

4. If the building or property is insured for substantially more than its actual value at the

time of the issuance of the policy.

5. If during the lifetime of the corresponding fire insurance policy more than two fires

have occurred in the same or other premises owned or under the control of the offender

and/or insured.

6. If shortly before the fire a substantial portion of the effects insured and stored in

building or property had been withdrawn from the premises except in the ordinary course

of business.

7. If a demand for money or other valuable consideration was made before the fire in

exchange for the desistance of the offender or for the safety of other person or property of

the victim.

Sec. 7. Conspiracy to Commit Arson. — Conspiracy to commit arson shall be punished

by prision mayor in its minimum period.

Sec. 8. Confiscation of Object of Arson. — The building which is the object of arson

including the land on which it is situated shall be confiscated and escheated to the State,

unless the owner thereof can prove that he has no participation in nor knowledge of such

arson despite the exercise of due diligence on his part.

Sec. 9. Repealing Clause. — The provisions of Articles 320 to 326-B of the Revised

Penal Code and all laws, executive orders, rules and regulations, or parts thereof,

inconsistent with the provisions of this Decree are hereby repealed or amended

accordingly.

Sec. 10. Effectivity. — This Decree shall take effect immediately upon publication

thereof at least once in a newspaper of general circulation.

Done in the City of Manila this 7th day of March nineteen hundred and seventy nine.

__________________________________________


AMENDING ARTICLE THREE HUNDRED AND TWENTY OF

THE REVISED PENAL CODE PROVISIONS ON ARSON

WHEREAS, there have been rampant and wanton burnings of residential houses, public

buildings, markets, hotels and other commercial establishments;

WHEREAS, to effectively discourage and deter the commission of arson, and to prevent

destruction of properties and protect the lives of innocent people, it is necessary that the

capital punishment be imposed upon arsonists;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by

virtue of the power vested in me by the Constitution, do hereby order and decree that

Article 320, Revised Penal Code be amended:chanroblesvirtuallawlibrary

Sec. 1. Article 320 of the Revised Penal Code shall read as

follows:chanroblesvirtuallawlibrary

"Art. 320. Destructive Arson. — The penalty of reclusion temporal in its maximum

period to death shall be imposed upon any person who shall

burn:chanroblesvirtuallawlibrary

1. One (1) or more buildings or edifices, consequent to one single act of burning or as a

result of simultaneous burnings, or committed on several or different occasions;

2. Any building of public or private ownership, devoted to the public in general or where

people usually gather or congregate for a definite purpose such as but not limited to

official governmental function or business, private transaction, commerce, trade

workshop, meetings and conferences, or merely incidental to a definite purpose such as

but not limited to hotels, motels, transient dwellings, public conveyance or stops or

terminals, regardless of whether the offender had knowledge that there are persons in said

building or edifice at the time it is set on fire and regardless also of whether the building

is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or

conveyance, or for public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are

devoted to the service of public utilities.

5. Any building the burning of which is for the purpose of concealing or destroying

evidence of another violation of law, or for the purpose of concealing bankruptcy or

defrauding creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the

penalty of death shall likewise be imposed when the arson is perpetrated or committed by

two (2) or more persons or by a group of persons, regardless of whether their purpose is

merely to burn or destroy the building or the burning merely constitutes an overt act in the

commission or another violation of law.

The penalty of reclusion temporal in its maximum period to death shall also be imposed

upon any person who shall burn:chanroblesvirtuallawlibrary

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance,

storehouse, archives or general museum of the government.

2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

If as a consequence of his commission of any of the acts penalized under this Article,

death or injury results, or any valuable documents, equipment, machineries, apparatus, or

other valuable properties were burned or destroyed, the mandatory penalty of death shall

be imposed."

Sec. 2. Provisions of Articles 320, 321 and 322 of the Revised Penal Code which are or

may be inconsistent herewith are hereby repealed.

Sec. 3. Effectivity. — This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of November, in the year of Our Lord, nineteen

hundred and eighty.

___________________________________

The other provisions of Republic Act 4363, approved 19, 1965 are as

follows:chanroblesvirtuallawlibrary

Sec. 2. If any section or sections of this Act shall be declared unconstitutional or invalid it

shall not invalidate the other sections hereof.

Sec. 3. This Act shall take effect only if and when, within thirty days from its approval,

the newspapermen in the Philippines shall organize, and elect the members of, a

Philippine Press Council, a private agency of the said newspapermen, whose function

shall be to promulgate a Code of Ethics for them and the Philippines press, investigate

violations thereof, and censure any newspaperman or newspaper guilty of any violation of

the said Code, and the fact that such Philippine Press council has been organized and its

members have been duly elected in accordance herewith shall be ascertained and

proclaimed by the President of the Philippines.

revised penal code of the philippines

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